International Humanitarian Law in regard to the Definition of the Term “Armed Forces”
One of the major requirements of the international humanitarian law is the provision in regard of the fact that all the population of a state in war cannot participate in a military conflict, this task is performed by special structures created by the state: regular and irregular armies, usually uni...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2008-03-01
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| Series: | Московский журнал международного права |
| Online Access: | https://www.mjil.ru/jour/article/view/1418 |
| _version_ | 1797291250855968768 |
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| author | I. I. Kotlyarov |
| author_facet | I. I. Kotlyarov |
| author_sort | I. I. Kotlyarov |
| collection | DOAJ |
| description | One of the major requirements of the international humanitarian law is the provision in regard of the fact that all the population of a state in war cannot participate in a military conflict, this task is performed by special structures created by the state: regular and irregular armies, usually united by the term “armed forces” (combatants and non-combatants).In the article there is offered an analysis of customs, international legal documents, writings of Russian and foreign scholars, state practice, which reflect the evolution of the terms combatants and non-combatants during a substantial period of time starting from conclusion of the Convention on institutes and customs of land warfare of 1899/1907 and till Additional Protocol 1 of 1977 to Geneva Conventions of 1949. The author comes to a conclusion that Additional Protocol 1 clarified the issue of determining rightful participants in a military conflict as pertaining to one of the categories: a) combatants – persons belonging to armed forces of a state, who are entitled to wage a war; b) non-combatants (medical workers, priests) from the body of armed forces, who do not have such a right. Nonetheless the author points out that there is still no single opinion on this issue. |
| first_indexed | 2024-03-07T19:33:04Z |
| format | Article |
| id | doaj.art-b91aea25e25f4da6b499e6dd0b642db7 |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:33:04Z |
| publishDate | 2008-03-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-b91aea25e25f4da6b499e6dd0b642db72024-02-29T08:19:31ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932008-03-0101355710.24833/0869-0049-2008-1-35-571363International Humanitarian Law in regard to the Definition of the Term “Armed Forces”I. I. Kotlyarov0Moscow University of the Ministry of Internal Affairs of the Russian FederationOne of the major requirements of the international humanitarian law is the provision in regard of the fact that all the population of a state in war cannot participate in a military conflict, this task is performed by special structures created by the state: regular and irregular armies, usually united by the term “armed forces” (combatants and non-combatants).In the article there is offered an analysis of customs, international legal documents, writings of Russian and foreign scholars, state practice, which reflect the evolution of the terms combatants and non-combatants during a substantial period of time starting from conclusion of the Convention on institutes and customs of land warfare of 1899/1907 and till Additional Protocol 1 of 1977 to Geneva Conventions of 1949. The author comes to a conclusion that Additional Protocol 1 clarified the issue of determining rightful participants in a military conflict as pertaining to one of the categories: a) combatants – persons belonging to armed forces of a state, who are entitled to wage a war; b) non-combatants (medical workers, priests) from the body of armed forces, who do not have such a right. Nonetheless the author points out that there is still no single opinion on this issue.https://www.mjil.ru/jour/article/view/1418 |
| spellingShingle | I. I. Kotlyarov International Humanitarian Law in regard to the Definition of the Term “Armed Forces” Московский журнал международного права |
| title | International Humanitarian Law in regard to the Definition of the Term “Armed Forces” |
| title_full | International Humanitarian Law in regard to the Definition of the Term “Armed Forces” |
| title_fullStr | International Humanitarian Law in regard to the Definition of the Term “Armed Forces” |
| title_full_unstemmed | International Humanitarian Law in regard to the Definition of the Term “Armed Forces” |
| title_short | International Humanitarian Law in regard to the Definition of the Term “Armed Forces” |
| title_sort | international humanitarian law in regard to the definition of the term armed forces |
| url | https://www.mjil.ru/jour/article/view/1418 |
| work_keys_str_mv | AT iikotlyarov internationalhumanitarianlawinregardtothedefinitionofthetermarmedforces |