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The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law
Thesis (LLD ( International Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613677902888960 |
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| access_status_str | Open Access |
| author2 | Bradley, Martha |
| author_browse | Bradley, Martha |
| author_facet | Bradley, Martha |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD ( International Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/99089 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:57.392Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/99089 The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law Bradley, Martha ayodele_ojedokun@yahoo.com Ojedokun, Ayodele Olubunmi UCTD Non-international armed conflict Coalition of organised armed groups Cyber warfare Common article 3 Additional protocol ll Cummulative assessment of intensity Sustainable Development Goals (SDGs) SDG-16: Peace, justice and strong institutions Law theses SDG-16 Thesis (LLD ( International Law))--University of Pretoria, 2024. This thesis analyzed the existing laws relating to non-international armed conflict, namely Common Article 3 and Additional Protocol II, to address the complex nature of contemporary armed conflict which often challenges the traditional framework of assessing the existence of a non-international armed conflict. Two major challenges were considered in this thesis. The challenge affecting the first benchmark test of a non-international armed conflict relates to the assessment of the organization of armed groups in coalitions to qualify such alliance as one party to a conflict. The second test challenge addressed the impediment caused by a coalition of armed groups in assessing the intensity of a conflict. The challenges of multiple armed groups fighting collectively or independently against a common entity, be it a state or another armed group, renders the bi–lateral assessment of intensity inappropriate and makes it impossible to determine the ‘protracted armed violence’ and ‘sustained and concerted military operations’ threshold required to create a non-international armed conflict. In response to this operational assessment challenge, the question of whether the Tadic definition and its threshold criteria are fit for purpose to classify complex non-international armed conflicts was examined. University of Pretoria, Faculty of Law Public Law LLD ( International Law) Restricted Faculty of Laws 2024-11-14T13:31:16Z 2024-11-14T13:31:16Z 2024-12-10 2024-09-01 Thesis * D2024 http://hdl.handle.net/2263/99089 10.25403/UPresearchdata.27214509 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Non-international armed conflict Coalition of organised armed groups Cyber warfare Common article 3 Additional protocol ll Cummulative assessment of intensity Sustainable Development Goals (SDGs) SDG-16: Peace, justice and strong institutions Law theses SDG-16 The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law |
| title | The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law |
| title_full | The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law |
| title_fullStr | The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law |
| title_full_unstemmed | The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law |
| title_short | The contemporary complexities affecting the assessment of the legal criterion of a non - international armed conflict under International Humanitarian Law |
| title_sort | contemporary complexities affecting the assessment of the legal criterion of a non international armed conflict under international humanitarian law |
| topic | UCTD Non-international armed conflict Coalition of organised armed groups Cyber warfare Common article 3 Additional protocol ll Cummulative assessment of intensity Sustainable Development Goals (SDGs) SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/99089 |