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Published online by Cambridge University Press: 20 January 2017
1 2 Oppenheim, Lassa, International Law 202 (Lauterpacht, H. ed., 7th ed. 1952)Google Scholar.
2 See generally International Committee of the Red Cross [ICRC], Commentary on the Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War 17–25 (Pictet, Jean ed., 1958)Google Scholar [hereinafter GC IV Commentary
3 Prosecutor v. Tadicć, Appeal on Jurisdiction, No. IT–94–1–AR72, para. 70 (Oct. 2, 1995).
4 The International Law Association (ILA) is a non-governmental organization, headquartered in London, devoted to enhancing the understanding of international law.
5 GC IV Commentary, supra note 2, at 20.
6 Japan claimed its operations in Manchuria and China during World War II were not war but merely “incidents.” See International Military Tribunal for the Far East, Judgment (Nov. 4, 1948), in 22 Tokyo War Crime Tribunals para. 49,594 (R. John Pritchard & Sonia M. Zaide eds., 1987) (“With this as an excuse[,] the military authorities persistently asserted that the rules of war did not apply in the conduct of the hostilities.”).
7 See Blank, Laurie R. & Corn, Geoffrey S., Losing the Forest for the Trees: Syria, Law, and the Pragmatics of Conflict Recognition, 46 Vand. J. Transnat’l L. 693 (2013)Google Scholar.