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Conclusions

Published online by Cambridge University Press:  05 September 2014

Yoram Dinstein
Affiliation:
Tel-Aviv University
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Summary

NIACs have to be examined not only from the vantage point of LONIAC. Issues of foreign intervention, recognition and State responsibility connected to NIACs have always commanded attention, and modern realities have only given them a keener edge. Whether or not the Security Council determines that NIACs constitute threats to international peace, civil strife presents a clear and present danger to world stability.

Having said that, a preoccupation with LONIAC is nowadays central to any serious discussion of NIACs. The swift upsurge of LONIAC – within the span of a single generation – from a non-subject in international law to a rich lode of both customary and treaty law (including an array of war crimes) is astounding. The process provides lambent evidence that international law is capable of unexpected velocity when the exigencies of a changing world demand it.

The compass point in the direction of which LONIAC seems to be accelerating is IAC jus in bello. As a result, legions of scholars advocate full integration of NIAC and IAC law of armed conflict. But despite the growing convergence between these two branches of the law, the notion of their amalgamation is purely academic and quite implausible. There is a fundamental divergence barring such merger, and State practice does not divulge the slightest inclination to outflank it any time soon.

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Publisher: Cambridge University Press
Print publication year: 2014

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  • Conclusions
  • Yoram Dinstein, Tel-Aviv University
  • Book: Non-International Armed Conflicts in International Law
  • Online publication: 05 September 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107279391.014
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  • Conclusions
  • Yoram Dinstein, Tel-Aviv University
  • Book: Non-International Armed Conflicts in International Law
  • Online publication: 05 September 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107279391.014
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Yoram Dinstein, Tel-Aviv University
  • Book: Non-International Armed Conflicts in International Law
  • Online publication: 05 September 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107279391.014
Available formats
×