Recognition of Belligerency and the Law of Armed Conflict [Hardcover]

Employing a legal historical approach, this book describes the thematic and schematic fundamentals of the doctrine on recognition of belligerency, and analyzes some of the more significant challenges to its application. In doing so, this book seeks to inform debate as to the doctrine's continuity and utility within the modern scheme of the Law of Armed Conflict heralded by the 1949 Geneva Conventions.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 appliedde 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.Introduction by Professor Michael N. SchmittPrefaceChapter I: The Scope and Structure of This BookChapter II: The Customary Three Level Scheme Part I - Rebellion and InsurgencyChapter III: The Customary Three Level Scheme Part II - BelligerencyChapter IV: The Purposes of Recognition of BelligerencyChapter V: Some Challenging Issues and Case Studies in Recognition of BelligerencyChapter VI: What if Recognition of Belligerency Remains Legally Available?BibliographyRobert McLaughlinis 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.Employing a legal historical approach, thlÃO