Comparison with International Humanitarian Law

  • Yoshinobu Nagamine


In the previous chapter, Islamic law was found to be the most influential norm for the Taliban members although the interpretation of Islamic law is manipulative to befit the political objective of the Taliban. Returning to the hypothetical legitimization paths (Table 3.1), the second path (f–e) assumes that the Layeha aims at adapting the behavior of the Taliban to the expectations of the external audience. The definition of external audience is vast and the research chose to focus upon the international community as represented by the UN Assistance Mission in Afghanistan (UNAMA) since the leadership seems to be particularly sensitive to UNAMA’s reports and accusations.


Common People Armed Group Geneva Convention Direct Part Armed Attack 
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  1. 18.
    Depending on how the situations are legally defined, the rules that apply vary from one case to the next. In Sylvain Vite, “Typology of Armed Conflicts in International Humanitarian Law: Legal Concepts and Actual Situations,” International Review of the Red Cross, 91 (873), (March 2009), p.70.CrossRefGoogle Scholar
  2. 24.
    Annyssa Bellal et al, “International Law and Armed Non-State Actors in Afghanistan,” International Review of the Red Cross, 93 (881), (March 2011), p.52.Google Scholar
  3. 25.
    Ibid. Also Pictet, Development and Principles of Internationrxl Humanitarian Law, p.4; Jonathan Crowe and Kylie Weston-Scheuber, Principles of International Humanitarian Law, Massachusetts: T. J. International Ltd., 2013, p.10.CrossRefGoogle Scholar
  4. 34.
    Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, New York: Cambridge University Press, 2008, p.115.Google Scholar
  5. 42.
    Moir, The Law of Internal Armed Conflict, p.4; Hersch Lauterpacht, Recognition in International Law, Cambridge: Cambridge University Press, 1947, pp.270–271; Frits Kalshoven, “The First Session of the Diplomatic Conference on Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, 20 February–29 March 1974,” Reflections on the Law of War, ed. Frits Kalshoven, Leiden: Martinus Nijhoff Publishers, 2007, pp.105–106.Google Scholar
  6. 118.
    Deborah Casalin, “Taking Prisoners: Reviewing the International Humanitarian Law Grounds for Deprivation of Liberty by Armed Opposition Groups,” International Review of the Red Cross, 93 (883), (September 2011), p.744; Cedric Ryngaert, “Enhancing and Enforcing Compliance with International Humanitarian Law by Non-State Armed Groups: An Inquiry into Some Mechanisms,” Journal of Conflict & Security Law, 16 ( 3), (Winter 2011), p.469.CrossRefGoogle Scholar

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© Yoshinobu Nagamine 2015

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  • Yoshinobu Nagamine

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