18 juin 2019: Madame Katja Schöberl

Madame Katja Schöberl soutiendra, en vue de l'obtention du grade de docteure en droit, sa thèse intitulée:

« The Geographical Scope of Application of International Humanitarian Law»

Mardi 18 juin 2019 - 9h30
Salle 3050 - UNI MAIL

La séance est publique.

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As one of four commonly accepted dimensions of the scope of application of international humanitarian law (IHL), the geographical scope defines where IHL of international or non-international armed conflict is applicable.

Based on a law of treaties analysis, the thesis examines the law of international armed conflict first. It not only studies the prototypical international armed conflict (i.e. the resort to armed force between two or more states), but also explores its variations (i.e. other situations to which the law of international armed conflict also applies), such as “proxy wars”, situations of occupation or national liberation wars. It argues that a nexus-based approach, according to which IHL is applicable to any conduct which is sufficiently linked to an armed conflict, constitutes the most convincing approach for the determination of the law of international armed conflict’s geographical scope inside and outside the conflict parties’ territories.

The geographical scope of the law of non-international armed conflict is analysed second. As regards its applicability inside the territory of a state involved in or affected by armed conflict, additional possible approaches specific to the law of non-international armed conflict are examined and dismissed in favour of a nexus-based approach. The applicability of the law of non-international armed conflict to non-international armed conflicts with an “extraterritorial element” (e.g. through their spill-over to other states, cross-border hostilities and involvement of multinational forces) is analysed last, based on the wording, context, object and purpose, preparatory work and subsequent state practice of  Common Article 3 and Additional Protocol II. It is in this context that currently contentious issues are discussed, such as the targeting of “fighters” on the territories of non-adjacent states, the applicability of IHL on the territories of states contributing to multinational forces or the construction of a “global armed conflict”.

18 juin 2019