The grey zone: civilian protection between human rights and the laws of war

摘要

War has always been a violent activity governed by customs and rules, but it is changing. It is becoming more urban, it is being waged by a wider range of actors-including transnational actors-and its battles are becoming less decisive. These, and other, transformations in the character of war are starting to break down some of the distinctions that have guided how we think about, regulate and terminate armed conflict. Crucial among these is the distinction between 'war' and 'peace' which, for the past few decades, has determined which set of rules ought to be applied: international human rights law in peacetime and international humanitarian law-also known as the laws of armed conflict or laws of war- in wartime. The former establish the obligations of a state towards its own populations, while the latter establish the duties owed to others. As war has become less a matter of competition between states, and more one of competition within, across and for states, the distinction between human rights law and the laws of armed conflict has become blurred. Divining whether one, both or neither of these legal regimes applies matters a great deal for determining which actions are prohibited, which persons are protected and which institutions are responsible for both. This is the 'grey zone' to which the title refers, and this book does an excellent job of shedding light on it.