PhD Defence Andrés Horacio Cáceres-Solari

Keywords: Insurgency, Distinction, Humanitarian, Conflict
 

"Modern insurgency warfare's incompatibility with the principle of distinction"

This research studies how the principle of distinction, as codified in International Humanitarian Law (IHL), is incompatible with modern insurgency warfare. This study contrasts the evolution of IHL with modern insurgencies, commonly referred to as new wars, and evaluates this concept of insurgency warfare. It identifies the critical characteristics of modern insurgencies and analyses if these meet the requirements established in IHL. Taking into consideration the above, it argues that current IHL is narrow in scope to regulate modern insurgency warfare, establishes unattainable thresholds for its application, therefore becoming inapplicable to insurgency warfare as intended. This results in lengthy insurgency wars, and directly increases civilian casualties in combat. Finally, this research establishes recommendations for the amendment and/or development of new guidelines in order to regulate this common type of warfare, and reduce its deadly impact on the civilian population.

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