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Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions — most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure.Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.
Robert McLaughlin is Professor of Military Security Law and Director of the Australian Centre for the Study of Armed Conflict and Society at the University of New South Wales, Canberra.
Introduction by Professor Michael N. SchmittPrefaceChapter I: The Scope and Structure of This Book Chapter II: The Customary Three Level Scheme Part I - Rebellion and Insurgency Chapter III: The Customary Three Level Scheme Part II - Belligerency Chapter IV: The Purposes of Recognition of Belligerency Chapter V: Some Challenging Issues and Case Studies in Recognition of Belligerency Chapter VI: What if Recognition of Belligerency Remains Legally Available? Bibliography
Beth Van Schaack, Stanford Law School) Van Schaack, Beth (Leah Kaplan Visiting Professor in Human Rights, Leah Kaplan Visiting Professor in Human Rights, Beth Van Schaack
Ronald T.P. Alcala, Eric Talbot Jensen, westpoint) Alcala, MAJ Ronald T.P. (Academy Professor, Academy Professor, United States Military Academy, Brigham Young University Law School) Jensen, Eric Talbot (Professor of Law, Professor of Law, Ronald T. P. Alcala, Ronald T P Alcala
Claus Kreß, Robert Lawless, University of Cologne) Kreß, Claus (Professor of International Law and Criminal Law, Professor of International Law and Criminal Law, United States Military Academy) Lawless, Robert (Assistant Professor in the Department of Law, Assistant Professor in the Department of Law
Matthew C. Waxman, Thomas W. Oakley, Professor) Waxman, Matthew C. (Professor, U.S. Military Academy) Oakley, Thomas W. (Assistant Professor of Law, Assistant Professor of Law, Matthew C Waxman, Thomas W Oakley
Laura A. Dickinson Edward Berg, Laura A. Dickinson, Edward W. Berg, The George Washington University Law School) Dickinson, Laura A. (Oswald Symister Colclough Research Professor of Law, Oswald Symister Colclough Research Professor of Law, New York) Berg, Edward W. (Assistant Professor and Executive Officer, Assistant Professor and Executive Officer, United States Military Academy, West Point, Ahmed Mohammed, Wayne Hall
Jelena Pejic, Margaret Kotlik, Jelena Pejic, Margaret Kotlik, the US Military Academy) Pejic, Jelena (non-resident Senior Fellow, non-resident Senior Fellow, Lieb er Institute for Law and Warfare, the United States Military Academy) Kotlik, Margaret (Assistant Professor, Assistant Professor
Ronald T.P. Alcala, Eric Talbot Jensen, westpoint) Alcala, MAJ Ronald T.P. (Academy Professor, Academy Professor, United States Military Academy, Brigham Young University Law School) Jensen, Eric Talbot (Professor of Law, Professor of Law, Ronald T. P. Alcala, Ronald T P Alcala
Jelena Pejic, Margaret Kotlik, Jelena Pejic, Margaret Kotlik, the US Military Academy) Pejic, Jelena (non-resident Senior Fellow, non-resident Senior Fellow, Lieb er Institute for Law and Warfare, the United States Military Academy) Kotlik, Margaret (Assistant Professor, Assistant Professor
Laura A. Dickinson Edward Berg, Laura A. Dickinson, Edward W. Berg, The George Washington University Law School) Dickinson, Laura A. (Oswald Symister Colclough Research Professor of Law, Oswald Symister Colclough Research Professor of Law, New York) Berg, Edward W. (Assistant Professor and Executive Officer, Assistant Professor and Executive Officer, United States Military Academy, West Point, Ahmed Mohammed, Wayne Hall
Beth Van Schaack, Stanford Law School) Van Schaack, Beth (Leah Kaplan Visiting Professor in Human Rights, Leah Kaplan Visiting Professor in Human Rights, Beth Van Schaack
Matthew C. Waxman, Thomas W. Oakley, Professor) Waxman, Matthew C. (Professor, U.S. Military Academy) Oakley, Thomas W. (Assistant Professor of Law, Assistant Professor of Law, Matthew C Waxman, Thomas W Oakley
Claus Kreß, Robert Lawless, University of Cologne) Kreß, Claus (Professor of International Law and Criminal Law, Professor of International Law and Criminal Law, United States Military Academy) Lawless, Robert (Assistant Professor in the Department of Law, Assistant Professor in the Department of Law