Armed Conflicts in Afghanistan and Iraq (2001-2005) and Legal Constraints: Continuity and Change in International Humanitarian Law

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International humanitarian law (IHL) regulates the conduct of warfare, including the treatment of civilians and prisoners of war (PoW). As with other branches of international law, it is based on treaties and "customary law", the latter having evolved and developed over time on the basis of both the practice and the sense of legal obligation of States. The conflicts in Afghanistan (since 200I) and Iraq (since 2003) have raised a number of serious issues around IHL. It is crucial to establish the customary rules that can be applied to situations of armed conflicts and occupation in these countries in order to understand the effectiveness of IHL in guaranteeing the rights of victims of war.This book project is intended to be the first attempt to provide a coherent theoretical analysis of the customary rules applicable to international and internal armed conflicts in relation to the situations of armed conflicts and occupation in Afghanistan and Iraq. It seeks to answer two important, overall questions: how should customary rules be identified, and how can we account for the methods by which they were identified? A number of specific key issues will be covered within this analysis, including the status and the treatment of captured members of "irregular" forces, such as the Al-Qaeda in Afghanistan, and the Fedayeen fighters in occupied Iraq, who do not qualify for prisoners of war (PoW) status under the Third Geneva Convention (Prisoners of War Convention) of I 949; the applicability of the rules protecting civilians under the Fourth Geneva Convention (Civilian Convention) of 1949 to members of such "irregular>forces; and the extent to which victims of violations of IHL can claim redress.The outcome of this theoretical project will be essential for a better understanding of the framework of modern IHL in the post­ September II world order in the 21" Century. It is hoped that this monograph will enhance the effective guarantees for all victims of war during the armed conflicts and occupation.