Towards the Attenuation of Hardship: Is There Room for Combatant Immunity in Internal Armed Conflicts

摘要

As civil wars increase in number and intensity, and as the number of civilian casualties continues to escalate, the world faces a moral dilemma something must be done to protect innocent civilian victims of civil war. One approach is to do nothing to rely on the notion of sovereignty to keep international law out of internal conflicts. However, the better approach is to recognize the changing climate of international law, and to act now to protect civilians. That protection can be assisted by providing combatant immunity to rebels, thereby providing them with a strong incentive to comply with the principle of distinction.