Charting the legal geography of non-international armed conflict

Schmitt, M. N. ORCID: https://orcid.org/0000-0002-7373-9557 (2013) Charting the legal geography of non-international armed conflict. Military Law and the Law of War Review, 52 (1). pp. 93-102. ISSN 0556-7394

Abstract/Summary

The article examines the international law governing the reach of international humanitarian law during a non-international armed conflict. It rejects arguments that IHL only applies in the State involved in a NIAC, or to territory into which the fighting has spilled. Rather, it argues that IHL's applicability during a NIAC is based on the parties to the conflict and the intensity of the violence concerned. There is no geographical limit to its reach, although sovereignty and other international law principles may operate to limit the location of, as distinct from applicability of IHL to, military operations. The piece was previously published in International Law Studies.