Skip to main content
Article
Combatant Immunity in Non-International Armed Conflicts Past and Future
Homeland and National Security Law Review (2014)
  • Rymn J Parsons, None
Abstract

The purpose of this Article is to re-examine recognition of belligerency in NIAC and, by looking at civil wars in the 19th and 20th Centuries, come to a better understanding of why recognition of belligerency fell into disuse and why the practice is unlikely to be revived. But even if a revival of recognition of belligerency is impractical or unlikely, there is a legal process that is functionally, albeit unintentionally, equivalent: authorization of collective military intervention by the United Nations Security Council. Issued only when a threat to international peace and security has been found to exist, a United Nations Security Council resolution authorizing intervention in a NIAC attests, in practice, to the existence of hostilities that have reached levels of intensity, duration, and internationalization that historically were considered sufficient to bring the whole jus in bello into play.

Keywords
  • Non-international armed conflict,
  • combatant immunity,
  • recognition of belligerency
Publication Date
2014
Citation Information
Rymn J Parsons. "Combatant Immunity in Non-International Armed Conflicts Past and Future" Homeland and National Security Law Review Vol. 1 (2014)
Available at: http://works.bepress.com/rymn_parsons/4/