International Law Studies Volume 88 Non-International Armed Conflict in the Twenty-First Century

TThe historic International Law Studies ("Blue Book") series was initiated by the Naval War College in 1901 to publish essays, treatises and articles that contribute to the broader understanding of international law. This, the eightyeighth volume of the "Blue Book" series, is a compilation of scholarly papers and remarks derived from the proceedings of a conference hosted at the Naval War College on June 21-23, 2011 entitled "Non-International Armed Conflict in the 21st Century." The purpose of the June 2011 International Law Conference was to examine the legal issues surrounding non-international armed conflict (NIAC) in the modern era. To this end, renowned international academics and legal advisers, both military and civilian, representing military, diplomatic, non-governmental and academic institutions from the global community, were invited to the War College to analyze a variety of legal topics related to NIAC. Specifically, the panelists undertook an examination of the types of NIACs and the law applicable to each; the legal statuses of actors in NIAC; means and methods of warfare in NIAC; recent and ongoing NIACs; detention in NIAC; and enforcement of international law in NIAC. In addition, the Honorable Harold H. Koh, Legal Adviser of the U.S. Department of State, presented a luncheon address at the Naval Station Newport Officers' Club on the second day of the conference. The distinguished panelists were invited to contribute articles to this volume to further develop their thoughts offered at the conference, and this "Blue Book" is largely comprised of these articles. Readers and researchers will find within this volume a detailed study of the law pertaining to non-international armed conflicts as it is interpreted and applied in the post-September 11 world, and its effect on State actions, particularly military operations. The conference and the "Blue Book" were made possible with generous support from the Naval War College Foundation, the Israel Yearbook on Human Rights, the International Institute of Humanitarian Law, and the Lieber Society on the Law of Armed Conflict, American Society of International Law. On behalf of the Secretary of the Navy, the Chief of Naval Operations and the Commandant of the Marine Corps, I extend our thanks and gratitude to all the participants, contributing authors and editors for their invaluable contributions to this project and to the future understanding of the law applicable in non-international armed conflicts, the predominant form of warfare during the last several decades and the type of conflicts in which military forces are most likely to be engaged in the twenty-first century. JOHN N. CHRISTENSON Rear Admiral, U.S. Navy President, Naval War College