Rethinking the Scope of Application of International Humanitarian Law and Its Place in the International Legal System

This article explores some of the unsettled issues and certain issues which are arguably not settled satisfactorily relating to the material, personal, geographical and temporal scope of application of international humanitarian law and presents some arguments in favour of rethinking certain elements relating to that scope of application and the function and relationship of IHL to other regimes within international law and its place within the international legal system. These observations are meant as an attempt to stimulate discussion and where necessary some reassessment of the scope of application of international humanitarian law and not as a ready-made comprehensive approach or solution to all the controversies relating to its application.