Modification de The applicability of the law of armed conflict

Attention : vous n’êtes pas connecté(e). Votre adresse IP sera visible de tout le monde si vous faites des modifications. Si vous vous connectez ou créez un compte, vos modifications seront attribuées à votre propre nom d’utilisateur(rice) et vous aurez d’autres avantages.

La modification peut être annulée. Veuillez vérifier les différences ci-dessous pour voir si c’est bien ce que vous voulez faire, puis publier ces changements pour finaliser l’annulation de cette modification.

Version actuelle Votre texte
Ligne 351 : Ligne 351 :


== The theatre of war
 ==
== The theatre of war
 ==
The principle of effectiveness is where there are situations covered by the law of armed conflict and where it applies. What this means in practice is as follows: first of all, IHL applies throughout the territory of the belligerents, several when there is an international conflict, possibly only one when there is a non-international armed conflict. It should be noted that the law of armed conflict applies to all the territories of the warring parties, even where there is no combat. The reason for this is that, if an international armed conflict is taken, there are enemy civilians to protect wherever they are on the territory, the applicability of IHL should not be confused with the sole applicability of Hague law, means and methods of warfare, the conduct of hostilities, where it is clear that these rules will be applied where there are hostilities and not in those parts of the territory where there are no hostilities; but IHL is broader. We also know that in different parts of the territory, there may be different types of international armed conflict, non-international armed conflict, but this is nothing new. Nevertheless, it is on all the territories of the belligerents that IHL applies. Secondly, it applies wherever there are in fact battles or situations involving it, for example on the sea, namely the high seas. The high seas are not under the sovereignty of a State, but acts of belligerence can be carried out there, being covered by the freedom of the high seas, so it is possible to attack warships of the opposing State and to exercise control over ships flying various flags, particularly with regard to the control of smuggling. It must be said that these rules have much less importance today, namely smuggling, than in the 19th century when there was an extremely rich practice and literature - which Professor Kolb finds fascinating, namely smuggling and war smuggling.
The principle of effectiveness is where there are situations covered by the law of armed conflict and where it applies. What this means in practice is as follows: first of all, IHL applies throughout the territory of the belligerents, several when there is an international conflict, possibly only one when there is a non-international armed conflict. It should be noted that the law of armed conflict applies to all the territories of the warring parties even where there is no combat. The reason for this is that, if an international armed conflict is taken, there are enemy civilians to protect wherever they are on the territory, the applicability of IHL should not be confused with the sole applicability of Hague law, means and methods of warfare, the conduct of hostilities, where it is clear that these rules will be applied where there are hostilities and not in those parts of the territory where there are no hostilities; but IHL is broader. We also know that in different parts of the territory, there may be different types of international armed conflict, non-international armed conflict, but this is nothing new. Nevertheless, it is on all the territories of the belligerents that IHL applies. Secondly, it applies wherever there are in fact battles or situations involving it, for example on the sea, namely the high seas. The high seas are not under the sovereignty of a State, but acts of belligerence can be carried out there, being covered by the freedom of the high seas, so it is possible to attack warships of the opposing State and to exercise control over ships flying various flags, particularly with regard to the control of smuggling. It must be said that these rules have much less importance today, namely smuggling, than in the 19th century when there was an extremely rich practice and literature - which Professor Kolb finds fascinating, namely smuggling and war smuggling.


There is also the applicability of the law of armed conflict in areas where there is no combat, but simply situations giving rise to the applicability of IHL such as occupation. With the occupation of a territory, there is no longer hostility in the occupation phase or very little hostility, but there is the situation of war occupation recognized by IHL as giving rise to the applicability of some of these rules, in this case those on occupation of the territory.
There is also the applicability of the law of armed conflict in areas where there is no combat, but simply situations giving rise to the applicability of IHL such as occupation. With the occupation of a territory, there is no longer hostility in the occupation phase or very little hostility, but there is the situation of war occupation recognized by IHL as giving rise to the applicability of some of these rules, in this case those on occupation of the territory.
Notez bien que toutes les contributions à Baripedia sont considérées comme publiées sous les termes de la Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) (voir My wiki:Copyrights pour plus de détails). Si vous ne désirez pas que vos écrits soient modifiés et distribués à volonté, merci de ne pas les soumettre ici.
Vous nous promettez aussi que vous avez écrit ceci vous-même, ou que vous l’avez copié d’une source placée dans le domaine public ou d’une ressource libre similaire. N’utilisez aucun travail sous droits d’auteur sans autorisation expresse !

Pour créer, modifier ou publier cette page, veuillez répondre à la question ci-dessous (plus d’informations) :

Annuler Aide pour la modification (s’ouvre dans une nouvelle fenêtre)