Politically Inconvenient, Legally Correct: A Non-international Armed Conflict in Southern Thailand

Zawacki, Benjamin

doi:10.1093/jcsl/krs025

Cited by 3 publications

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“…76 This means that respect for IHL by both sides in the conflict could be better ensured in the Deep South, and more protection given to victims of armed conflicts. 77 Nevertheless, this extension may not be a political option, and a nexus with international armed conflict would suffice for Thailand to comply with its international obligations.…”

Section: Toward a More Effective Of Grave Breaches In Thai Lawmentioning

confidence: 99%

Evaluating Thailand’s Domestic Implementation of Prevention of Grave Breaches under the Geneva Conventions

Wilartratsami¹

2023

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International Humanitarian Law (IHL) is the law that aims to reduce human suffering in situations of armed conflict. The contemporary roots of treaty-based IHL could arguably be traced back to the four Geneva Conventions, in which Thailand is also a party. States may choose from a wide variety of methods to domestically implement IHL. One such method is through national legislation. The Geneva Conventions, in particular, obliged its state parties to criminalize grave breaches. This article aims to assess this one aspect of the domestic implementation of IHL within Thailand. To accomplish this, Swiss and Malaysian laws are used as examples for the analysis of Thai law to reflect upon. It is argued that the current rules scattered through the Thai legal system are doctrinally insufficient to ensure the complete applicability of the grave breaches regime. The article will then suggest how the current Thai legal regime may be improved to ensure better compliance with the obligations to prevent grave breaches within the Geneva Conventions.

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Section: Toward a More Effective Of Grave Breaches In Thai Lawmentioning

confidence: 99%

Evaluating Thailand’s Domestic Implementation of Prevention of Grave Breaches under the Geneva Conventions

Wilartratsami¹

2023

TLS

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Crossing Borders to Target Al-Qaeda and Its Affiliates: Defining Networks as Organized Armed Groups in Non-International Armed Conflicts

Margulies

Sinnot

2014

Yearbook of International Humanitarian Law 2013

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Al-Qaeda's dispersal and the rise of regional terrorist groups such as Al-Shabaab in Somalia have raised the stakes for defining an "organized armed group" (OAG). If an entity fails the OAG test, a state may use only traditional law enforcement methods in responding to the entity's violence. Both case law and social science literature support a broadly pragmatic reading of the OAG definition. While the International Criminal Tribunal for the former Yugoslavia (ICTY) has cited factors such as existence of a headquarters and imposition of discipline, ICTY decisions have found organization when evidence was at best equivocal. Moreover, terrorist organizations reveal surprisingly robust indicia of organization. Illustrating this organizational turn, a transnational network like Al-Qaeda operates in a synergistic fashion with regional groups. Moreover, recent news reports have suggested that current Al-Qaeda leader Dr. Ayman al-Zawahiri has attempted to assert operational control over the specific targeting decisions of Al-Qaeda affiliates, although that effort has not been uniformly successful. Furthermore, while Al-Qaeda does not micromanage most individual operations, it exercises strategic influence, e.g., through a focus on targeting Western interests. When such strategic influence can be shown, the definition of OAG is sufficiently flexible to permit targeting across borders. In addition, the doctrine of co-belligerency, borrowed from neutrality law, provides a basis for targeting that is not confined by state boundaries. Even when 319 these indicia are absent, individuals within non-Al-Qaeda groups may be targetable if they engage in coordinated activity with Al-Qaeda.

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Non-International Armed Conflicts in International Law

Dinstein

2021

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This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

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Politically Inconvenient, Legally Correct: A Non-international Armed Conflict in Southern Thailand

Cited by 3 publications

References 0 publications

Evaluating Thailand’s Domestic Implementation of Prevention of Grave Breaches under the Geneva Conventions

Evaluating Thailand’s Domestic Implementation of Prevention of Grave Breaches under the Geneva Conventions

Crossing Borders to Target Al-Qaeda and Its Affiliates: Defining Networks as Organized Armed Groups in Non-International Armed Conflicts

Non-International Armed Conflicts in International Law

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