EAN: 9783960670612

THE CHALLENGES OF ASYMMETRIC WARFARE ENHANCING ...

All armed conflicts  whether international or non-international  are characterized by some sort
of asymmetry. Disparities between parties to armed hostilities have always been an issue as a
matter of fact  although not necessarily addressed by IHL as a matter of law. IHL remains a
stranger to such situations  for it is based on ist equal applicability to all parties of a
conflict. Nonetheless  contemporary conflicts have shown that the said equality may no longer
be the rule  but rather the exception. This refers in particular to non-international armed
conflicts where parties are inherently asymmetrical and the weaker ones tend to act in
straightforward violation of universally hailed rules in order to engage their technologically
advanced and more resourceful enemy. Accordingly  the ways in which asymmetric actors behave
during armed conflicts challenge IHL's basic foundations  and the fact that civilians still
endure the burden of hostilities  as their primary victims  underpins the necessity for further
efforts in the attempt to promote respect for IHL. This work assesses diverse alternatives to
respond to these brutal forms of asymmetric confrontations  with a view on those mechanisms
which best address the causes why non-state actors deny not only complying with IHL from a
legal perspective but also contemplating policy-making considerations.

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