Fundamental Standards of Humanity: How International Law Regulates Internal Strife
Journal for International Law of Peace and Armed Conflict, Vol. 26, 3/2013, p. 121-130
9 Pages Posted: 18 Nov 2013
Date Written: November 17, 2013
Abstract
In recent years an unprecedented uprising of people against despotic regimes or masses standing up to claim fundamental rights can be witnessed. The ‘Arab Spring’ is the most prominent example of such events. States regularly respond to internal disturbances or tensions by arresting large numbers of people or by the use of excessive force. This article examines how international law addresses situations of internal disturbances, which do not amount to non-international armed conflicts. It essentially raises the question if fundamental standards of humanity exist that apply at all times and to all actors involved in internal violence – irrespective of the classification of the situation as an armed conflict or the invocation of a state of emergency. Due to the importance of the protection of detained people in such situations, this article focuses particularly on the prohibition or arbitrary detention, the right to fair trial and the right to humane treatment.
Keywords: fundamental standards of humanity, civil strife, internal disturbances, human rights, state of emergency, non-state actors, armed groups, non-derogable
Suggested Citation: Suggested Citation