International Humanitarian Law Facing New Challenges Wolff Heintschel von Heinegg Volker Epping Editors International Humanitarian Law Facing New Challenges Symposium in Honour of KNUT IPSEN 123 Professor Dr. Wolff Heintschel von Heinegg Europa-Universität Viadrina, Lehrstuhl für Öffentliches Recht, insbesondere Völkerrecht, Europarecht und ausländisches Verfassungsrecht August-Bebel-Straße 12 15234 Frankfurt/Oder Germany
[email protected] Professor Dr. Volker Epping Leibniz Universität Hannover, Juristische Fakultät, Lehrstuhl für Öffentliches Recht, Völker- und Europarecht Königsworther Platz 1 30167 Hannover Germany
[email protected] Library of Congress Control Number: 2006939132 ISBN 978-3-540-49089-0 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. Springer is part of Springer Science+Business Media springer.com © Springer-Verlag Berlin Heidelberg 2007 The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: LE-TEX Jelonek, Schmidt & V¨ ockler GbR, Leipzig Cover-design: WMX Design GmbH, Heidelberg SPIN 11927525 64/3100YL - 5 4 3 2 1 0 Printed on acid-free paper Foreword There should be no doubt about the necessity of principles and rules of international law applicable to situations in which States and other actors have – for whatever reasons or motives, whether legally justified or not – decided to resort to the use of armed force. The principles and rules applicable to international armed conflicts, first codified in the 19th century and since then constantly developed in international conventions, are, for the most part, recognized as customary in character. The law applicable to non-international armed conflicts is less elaborated. However, there are many who believe that under customary international law the differences between the law governing international armed conflicts and the law governing non-international armed conflicts have decreased. They claim that the two bodies have more or less merged into a single body of rules applicable to both kinds of conflicts. While this position has not remained unchallenged – it may be added: rightly so – the core problem we are facing today is not the question of whether there has been a merger of the principles and rules applicable to international and to non-international armed conflicts. Rather, the alleged asymmetries of modern armed conflicts could shake the well-established legal regime govern