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Study On The Application Of The Principle Of Distinction In The Law Of Armed Conflict

Posted on:2020-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2416330572486774Subject:legal
Abstract/Summary:PDF Full Text Request
In war and armed conflict,the principle of distinction between the law of armed conflict has always played an important role.However,in modern armed conflicts,the increasingly blurred boundaries between civilian and military objectives and the limitations of the application scope of the principle of distinction lead to a series of problems in its application.Driven by the theme of peace and development,the world today is generally peaceful,but parts of the world are still turbulent and armed conflicts occur from time to time.Peace-loving people all over the world have made a lot of efforts to reduce the harm caused by war and armed conflict,and the normative system of the law of armed conflict is one of these efforts.As an important principle in the law of armed conflict,the principle of distinction provides a theoretical basis and plays a key role in protecting civilians and civilian objects in armed conflict.In contemporary armed conflicts,the emergence of sophisticated weapons and new means of warfare makes the criteria for distinguishing between civilians and combatants,civilian and military objectives increasingly unclear,and makes it increasingly difficult for parties to conflict to observe and implement the relevant provisions of the principle of distinction in armed conflicts;and when applied to contemporary armed conflicts,there are loopholes in the principle of distinction.It has also been exposed,so we need to make timely adjustments to make up for these loopholes.This paper first introduces the origin,development,meaning and content of the principle of distinction,then systematically expresses the principle of distinction and other basic principles of the law of armed conflict,and then points out that the distinction between the principle of distinction and other basic principles of the law of armed conflict is not clear when applied to contemporary armed conflicts,and that it is increasingly difficult for the parties to the conflict to observe and implement the relevant provisions of the principle of distinction in armed conflicts.And so on.To solve these problems,we need to further clarify the criteria of distinction,impose stricter restrictions on new means of warfare,adjust the mechanism of the law of armed conflict,and strengthen the judicial punishment for violations of the principle of distinction in order to better protect civilians and civilian objects in armed conflict.
Keywords/Search Tags:Principle of distinction, Law of Armed conflict, Be applicable
PDF Full Text Request
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