Theodor Meron

in Henry's Wars and Shakespeare's Laws

Published in print December 1993 | ISBN: 9780198258117
Published online March 2012 | e-ISBN: 9780191681790 | DOI:

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Despite previous attempts at determining whether a conflict should be viewed as wither internal or international, and although there may have already been a criteria to enable such a distinction, the difference between internal and international conflicts were unclear in medieval jus gentium. Some rulers who claimed sovereignty gave themselves the right to label whoever opposed them as rebels. Such situations were however common because during that time, hierarchy was given more importance over equality for citizens. In the case of sieges, the decision regarding how to treat a member of the opponent forces was implicitly influenced by certain tactical and geographical factors as quarter could be granted to those who were perceived to be equals since ‘the law of arms protected the life of the Christian captive who had given his faith to an enemy.’

Keywords: internal conflict; international conflict; jus gentium; sovereignty; rebels; quarter

Chapter.  7773 words. 

Subjects: Public International Law

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