INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS IN THE CONTEXT OF CUSTOMARY INTERNATIONAL HUMANITARIAN LAW

Valentin-Stelian BĂDESCU, Cosmin IORDACHE

Abstract


The 1st and 2nd Additional Protocols introduced a new rule which prohibits attacks against works and installations containing dangerous forces, even if they represent military objectives, because those dangerous forces could have a negative impact on civilians. It is not very sure that these rules became a part of the customary law, but practice shows that states are aware of the considerable risks which would emerge. As a consequence, states recognize that, in any armed conflict, it is necessary to take special precautions
in order to avoid releasing these dangerous forces and not cause any threats among civilians. According to the two protocols, this requirement of taking precautions is applicable to any kind of armed conflict.
Keywords: customary international law; international conflicts; noninternational conflicts; Additional Protocols to the Geneva Convention.


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References


Henckaerts Jean-Marie, Soswald Louise, Customary international

humanitarian law, Beck Publishing House.Additional Protocols to the Geneva Convention.

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%20timp%20de%20conflict%20armat%20PDF/Dreptul%20aplicabil%20pe%20timp%20de%20conflict%20armat.pdf


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