Chapter I. The Evolution Of The Concept Of Non-Internationa Armed Conflicts In Early Times

Abstract

This chapter deals with the most significant authors and theories, which, in early times, helped shape the law of non-international armed conflicts. It analyses a period of time which goes from the Biblical tradition to the eighteenth century, focusing, in particular, on the contribution of the Christian and philosophical tradition to the development of the jus in bello in internal armed conflicts, on the work of the early international law jurists on the subject, and on the early military tradition. The chapter describes briefly the theory of natural law to understand how it affected the evolution of treaty law rules related to internal conflicts. The theory of state sovereignty, as articulated in the work of the early international law jurists, is dealt with extensively as it has affected the evolution and the application of international law provisions of internal armed conflicts for many years.Keywords: Christian tradition; early international law jurists; early military tradition; non-international armed conflicts; philosophical tradition; theory of natural law; theory of state sovereignty