Temporary Refuge: Emergence of a Customary Norm
![handle is hein.journals/vajint26 and id is 563 raw text is: Temporary Refuge: Emergence of a
Customary Norm
DEBORAH PERLUSS*
JOAN F. HARTMAN**
I. INTRODUCTION
Since 1945, traditional wars openly declared between two or
more states have all but disappeared.1 Internal armed conflict,2 in-
* Acting Assistant Professor of Law, University of Washington School of Law. B.A., Uni-
versity of California, San Diego; J.D., University of California, Hastings College of Law,
LL.M., University of London.
** Professor of Law, University of Washington School of Law. B.A., Rice University;, J.D.,
Harvard Law School; Diploma in Law, Oxford University.
1. L.C. Green, Essays on the Modern Law of War 98 (1985).
2. Article 1 of the Protocol to the Geneva Conventions of August 12, 1949, on the Protec-
tion of Victims of Non-International Armed Conflicts, opened for signature Dec. 12, 1977,
U.N. Doc. A/32/144 Annex 11, reprinted in 16 LL.M. 1442 (1977) [hereinafter cited as Proto-
col II], defines non-international armed conflicts as conflicts which take place in the ter-
ritory of a High Contracting Party between its armed forces and dissident armed forces or
other organized armed groups which, under responsible command, exercise such control over
a part of its territory as to enable them to carry out sustained and concerted military opera-
tions and which are not covered by article 1 of the Protocol to the Geneva Conventions of
August 12, 1949, on the Protection of Victims of International Armed Conflicts, opened for
signature Dec. 12, 1977, U.N. Doc. A/32/144 Annex I, reprinted in 16 LL.M. 1391 (1977)
[hereinafter cited as Protocol I]. Protocol I, supra, art. 1, para. 4, applies to armed conflicts
in which peoples are fighting colonial domination and alien occupation and against racist
regimes, and to war between two states and partial or total occupation of a state, as set
forth in article 2 common to the Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field, Aug. 12, 1949, 6 U.S.T. 3114,
T.I.A.S. No. 3362, 75 U.N.T.S. 31 [hereinafter cited as First Geneva Convention]; Geneva
Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Mem-
bers of the Armed Forces at Sea, Aug. 12, 1949, 6 U.S.T. 3217, T.LA.S. No. 3363, 75
U.N.T.S. 85 [hereinafter cited as Second Geneva Convention]; Geneva Convention Relative
to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316, T.LA.S. No. 334, 75
U.N.T.S. 135 [hereinafter cited as Third Geneva Convention]; Geneva Convention Relative](ViewImageLocal?handle=hein.journals/vajint26&div=23&collection=&method=preview&ext=.png&size=3)
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Temporary Refuge: Emergence of a Customary Norm
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