The Temporal and Geographic Reach of International Humanitarian Law

Abstract

Understanding the geographical and temporal scope of international humanitarian law (also known as IHL, or the law of armed conflict) is a vital component in the process of applying IHL norms to situations of armed conflict. Knowing where and when the provisions of the law of armed conflict start – and cease – to apply is vital to ensuring that the rules are respected, and where other rules of international and domestic law are more relevant or pertinent. This chapter canvasses both the temporal and geographical scope of application of the law of armed conflict, charting where and when the law applies and where and when it is deemed to cease applying. In doing so, this chapter examines some of the more complex issues raised by the temporal and geographical aspects of the law of armed conflict, such as the changing level of intensity of hostilities and the geographical location of participants in armed conflict.

Keywords: Law of armed conflict, international humanitarian law, temporal reach of the law of armed conflict, geography of armed conflict, international armed conflict, non-international armed conflict

JEL Classification: K10, K30, K33