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48 Denv. L.J. 263 (1971-1972)
Internal Conflict and Article Three of the Geneva Conventions

handle is hein.journals/denlr48 and id is 275 raw text is: INTERNAL CONFLICT AND ARTICLE THREE OF THE GENEVA CONVENTIONS By JAMES E. BOND* CONTENTS INTRODU CTION .....................2...................................................................... 263 I. To WHAT KINDS OF CONFLICTS DOES ARTICLE 3 APPLY? ............. 266 A. Legislative History .......... ..................... ........... . . 266 B . State P ractice ............................................................................ 270 C. Function or Purpose ................................................ 273 II. How DOES ONE DETERMINE THE SUBSTANTIVE C ONTENT OF A RTICLE 3? .................. ........................ ........... .... 277 A. Analyzing the Language of Article 3 ................................. 278 B. Analyzing Analogous Geneva Conventions ...................... 281 C. Analyzing Article 3 in Light of a Hum anitarian Standard ........................................................ 284 C ON CLU SION .28................................................ ..................................... 284 INTRODUCTION T HOUGH internal conflict is not a new phenomenon in the international legal order -brothers have been fighting each other since Cain slew Abel - it has swollen into epidemic proportions in the last two and a half decades. One observer culled from the pages of the New York Times, well over 1,200 unequivocal examples of internal war between 1946 and 1959.1 Even the casual newspaper reader can recall how many among the numerous recurrent crises of the last 10 years grew out of internal conflicts: Nigeria, the Congo, Cyprus; and in the past few months alone one thinks of Ceylon, Pakistan, and Northern Ireland. Former Secretary of Defense Robert McNamara con- firms this impression by pointing out that while there were throughout the world 23 prolonged insurgent movements in 1958, there were 40 by 1966.2 As the present decade opened, one Assistant Professor of Law, Washington and Lee University Law School; A.B., Wabash College, 1964; LL.B., Harvard, 1967; LL.M., Virginia, 1971. 1 Eckstein, Introduction: Toward the Theoretical Study of War, INTERNAL WAR 3 (Eckstein ed. 1964). 2 R. MCNAMARA, THE ESSENCE OF SECURITY 145 (1968). 263

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