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Academic Insights for the Thinking World
In the first part of this post, I discussed the chequered history of Article 1(4) of Additional Protocol I to the Geneva Conventions. This provision has elevated so-called “wars of national liberation” to the level of inter-state armed conflicts as far as international humanitarian law (IHL) is concerned—albeit only for the parties to the Protocol.
If someone was to make a ranking of the most controversial rules of international law, Article 1(4) of Additional Protocol I to the Geneva Conventions would very likely make the top 10. The Geneva Conventions themselves probably need little introduction; these four international treaties were adopted in the aftermath of World War II and now form the core of international humanitarian law (IHL).