LEGAL PROVISIONS FOR THE PROTECTION OF CIVILIANS DURING NON-INTERNATIONAL ARMED CONFLICTS
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Author(s):
DR AMITA RATHI
Vol - 8, Issue- 3 ,
Page(s) : 112 - 119
(2021 )
DOI : https://doi.org/10.32804/JLPER
Abstract
It has been maintained that such conflicts should indeed be contained within Additional Protocol II rather than Protocol I. Nevertheless, conflicts for national liberation are now governed by International Humanitarian Law in its entirety, Article 1 of Additional Protocol II explicitly accepting that the conflicts listed in Article 1 of Protocol I, are beyond its scope of application. it is difficult to find any justification today for the higher threshold for the application of Additional Protocol II. The provisions of Additional Protocol II are exclusively humanitarian in character. The provisions on the care of the wounded and sick should be uncontentious in any conflict, irrespective of its level of intensity. In this research paper, researcher attempts to find relevancy and application of AP-II & Common Article 3 in Non-armed conflicts
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