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Reaction #2 - Term Paper Example

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War is an extended conflict that is carried out by state or non-state actors; it has become a legal institution with laws or techniques used to carry it out in the absence of peace. Basically law of war refers to the aspect of public worldwide law that is concerned with the…
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Reaction Paper #2
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Reaction #2

Download file to see previous pages... With the progressive change in warfare after the Second World War, more questions have been raised on how to deal with asymmetrical warfare under the Geneva conventions.
After this convention of 1949, most nations’ security has been threatened non-state actors organizations such as ISIS and al-Qaeda are not fully covered by the rules of war. The armed groups have over and over again sought to defeat their military weakness by employing strategies that deliberately violet international law. These range from planned attacks against civilians, sexual violence, forced conscription as well as using civilians to guard military objectives (Slomanson, 1999). The risks of civilians are further increased as military superior parties, in fighting the rival that is often tricky to identify, responds with means and methods of warfare that may violet the principles of difference and proportionality, giving rise to further civilian victims.
International armed conflict between the states and terrorist non-state actors raises a concern on how states in question should actually respond to these groups considering the fact that they have comparatively few rights under the international Humanitarian Law. There is also a big concern as to whether the wars on the non-state actors are international or non-international under Geneva Conventions. But on the other hand, the involved states also consider these rebellious groups as illicit combats who are dispossessed of any legality; their actions are unsympathetically punished in line with the domestic laws of the state. The context of these armed conflicts is claims of legitimacy, as the state pretends to have a greater claim to legitimacy than non-state actors. States seek to de-legitimize non-state actors’ claim while advancing their own claims of legitimacy (Slomanson, 1999). The non-state actors should not be ...Download file to see next pagesRead More
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