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Allegiance in International Humanitarian Law : the duty of fidelity and the laws of armed conflict

Martínez, Manuel Galvis LU (2024) In Journal of Conflict and Security Law 29(2). p.213-230
Abstract

Allegiance is a legal concept that seeks to regulate the duty of fidelity of individuals towards states. A particularity of allegiance is the fact that it has been repeatedly used in treaty provisions, as well as interpretation of rules, in the field of International Humanitarian Law. The fields in which it has been introduced are quite broad, from rules relating to Prisoner of War status, to defining the relationship between occupiers and occupied population, passing through rules on Protected Personal status for civilians, the internment of enemy aliens, rules on the conduct of hostilities, and deserters. The article analyses both the meaning of allegiance and how it has been used in International Humanitarian Law revealing some... (More)

Allegiance is a legal concept that seeks to regulate the duty of fidelity of individuals towards states. A particularity of allegiance is the fact that it has been repeatedly used in treaty provisions, as well as interpretation of rules, in the field of International Humanitarian Law. The fields in which it has been introduced are quite broad, from rules relating to Prisoner of War status, to defining the relationship between occupiers and occupied population, passing through rules on Protected Personal status for civilians, the internment of enemy aliens, rules on the conduct of hostilities, and deserters. The article analyses both the meaning of allegiance and how it has been used in International Humanitarian Law revealing some useful instances as well as a set of inconsistencies and potential perils for its use.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
Journal of Conflict and Security Law
volume
29
issue
2
pages
18 pages
publisher
Oxford University Press
external identifiers
  • scopus:85201144138
ISSN
1467-7954
DOI
10.1093/jcsl/krae006
language
English
LU publication?
yes
id
161d6e5d-8967-4b2d-8c21-900d3516bcd3
date added to LUP
2024-10-09 13:33:09
date last changed
2024-10-09 13:33:55
@article{161d6e5d-8967-4b2d-8c21-900d3516bcd3,
  abstract     = {{<p>Allegiance is a legal concept that seeks to regulate the duty of fidelity of individuals towards states. A particularity of allegiance is the fact that it has been repeatedly used in treaty provisions, as well as interpretation of rules, in the field of International Humanitarian Law. The fields in which it has been introduced are quite broad, from rules relating to Prisoner of War status, to defining the relationship between occupiers and occupied population, passing through rules on Protected Personal status for civilians, the internment of enemy aliens, rules on the conduct of hostilities, and deserters. The article analyses both the meaning of allegiance and how it has been used in International Humanitarian Law revealing some useful instances as well as a set of inconsistencies and potential perils for its use.</p>}},
  author       = {{Martínez, Manuel Galvis}},
  issn         = {{1467-7954}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{213--230}},
  publisher    = {{Oxford University Press}},
  series       = {{Journal of Conflict and Security Law}},
  title        = {{Allegiance in International Humanitarian Law : the duty of fidelity and the laws of armed conflict}},
  url          = {{http://dx.doi.org/10.1093/jcsl/krae006}},
  doi          = {{10.1093/jcsl/krae006}},
  volume       = {{29}},
  year         = {{2024}},
}