AMADO S. TOLENTINO, JR.

IN the past few decades, debates in the field of the law of armed conflict, or international humanitarian law, extended to irregular combatant states, the legitimacy of non-state armed groups, violence motivated by politically “just” causes, and terrorist means and methods of warfare. In fact, complex armed conflicts, civil wars and insurgencies have triggered “asymmetric warfare,” with military forces of a democratic state pitted against non-state actors who, for operational and tactical advantage, systematically violate international law governing the conduct of hostilities. They intertwine their fighting in and among their own civilian population – booby-trapping residential areas, using sensitive sites such as hospitals and religious buildings for storage of weapons, and actively using civilians as human shields. These are well documented in current conflict zones in Syria, Yemen, Iraq, Libya, South Sudan and Israel.

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