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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The application of the corpus of the international law of armed conflict in the South African armed conflict by means of common article 2 paragraph 3 of the Geneva Conventions of 1949
Author:Boister, N.
Year:1989
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:22
Issue:2
Pages:215-222
Language:English
Geographic term:South Africa
Subjects:national liberation struggles
law of war
Abstract:South Africa acceded to the four 1949 Geneva Conventions, containing the corpus of the humanitarian law of armed conflict, in March 1952. The Conventions' field of application was apparently limited to interstate wars by the criteria set out in common article 2. This article has, however, been the subject of a controversial interpretation aimed at the inclusion of wars of national liberation, such as the South African armed conflict, within its scope. The third paragraph of article 2 provides a possible avenue for the application of the Conventions in wars of national liberation. This depends on the question of whether a national liberation movement (here, the ANC) can be classified as a 'power'. G. Abi-Saab (1972) argues that national liberation movements can be classed as 'powers' because of their international status; a view, supported by the Afro-Asian-Socialist blocs. Others, a.o. A. Cassese (1974, 1980) and D. Schindler (1979) reject this liberal interpretation and value the integrity of a clear, limited definition of international armed conflict in article 2. Although it is generally recognized that article 2 provides a means for including the ANC, because of the fact that South Africa is a party to the Conventions, it is plain that consensus has not yet been reached. Notes, ref.
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