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Internationalized Armed Conflicts in International Law$
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Kubo Macak

Print publication date: 2018

Print ISBN-13: 9780198819868

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198819868.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 October 2021

Complex Conflict Situations

Complex Conflict Situations

(p.87) 3 Complex Conflict Situations
Internationalized Armed Conflicts in International Law

Kubo Mačák

Oxford University Press

This chapter analyses the legal qualification of complex conflict situations that feature more than two conflict parties. It examines whether such situations qualify as a single internationalized armed conflict or a number of independent international and non-international armed conflicts. With this in mind, this chapter puts forward a model based on the retention of autonomy of the allied conflict parties. It argues that once the autonomy is foregone and replaced with a single use of force by the parties, the law of international armed conflict applies ‘globally’ to the situation at hand. However, until that moment, the situation should be seen as ‘mixed’; in other words, as a set of mutually independent conflict pairs.

Keywords:   autonomy, complex conflict situations, conflict pairs, conflict parties, conflict qualification, global view, international armed conflict, mixed view, non-international armed conflict

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