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Internationalized Armed Conflicts in International Law$
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Kubo Macak

Print publication date: 2018

Print ISBN-13: 9780198819868

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198819868.001.0001

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Practical Application

Practical Application

Chapter:
(p.164) 7 Practical Application
Source:
Internationalized Armed Conflicts in International Law
Author(s):

Kubo Mačák

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198819868.003.0007

This chapter analyses whether and in which situations fighters engaged in internationalized armed conflicts may qualify for combatant status in practice. The chapter puts forward a three-pronged approach dependent on the applicable legal framework and the nature of the armed forces of the conflict party in question. Firstly, the relevant criteria are the most lenient for members of regular armed forces in internationalized conflicts governed only by Geneva Convention III. Secondly, members of irregular armed forces in those same conflicts must meet additional criteria stipulated by that Convention. Thirdly, fighters in conflicts to which Additional Protocol I applies as well must comply with its requirements, some of which may be more onerous than the corresponding criteria of Geneva Convention III. Overall, the chapter demonstrates that it is not only theoretically plausible, but also practically feasible for fighters engaged in internationalized armed conflicts to actually qualify for combatant status.

Keywords:   Additional Protocol I, belonging, combatant status, fighters, Geneva Convention III, internationalized armed conflict, irregular armed forces, regular armed forces, responsible command

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