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

See all articles by Tilman Rodenhäuser

Tilman Rodenhäuser

Graduate Institute of International and Development Studies (IHEID); International Committee of the Red Cross (ICRC)

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

Rodenhäuser, Tilman, Fundamental Standards of Humanity: How International Law Regulates Internal Strife (November 17, 2013). Journal for International Law of Peace and Armed Conflict, Vol. 26, 3/2013, p. 121-130 , Available at SSRN: https://ssrn.com/abstract=2355897

Tilman Rodenhäuser (Contact Author)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

International Committee of the Red Cross (ICRC) ( email )

19 avenue de la Paix
Geneva, CH 1202
Switzerland

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