20–23 Jun 2023
Europe/London timezone

Can There be Creation Amidst Destruction? Secondary Rules of Change in International Humanitarian Law

21 Jun 2023, 10:45

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This article outlines some examples of secondary rules of change extracted from conventional IHL conferring private and public powers upon individuals for the creation or modification of legal situations during armed conflict. By uncovering these provisions and analysing them under the theoretical framework provided by prominent legal theorists, a more complete picture of IHL emerges. This picture portrays this legal regime as a complex system comprising not only primary rules of behaviour referring to the conduction of hostilities, but also secondary rules of change showing that legal creation is possible even amidst organised destruction.

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