The Faculty of Law (UP Law) at the University of Pretoria (UP) is proud to announce that Dr Martha Bradley in its Department of Public Law is ending the 2020 academic year on a high note, with a hat trick of publications in esteemed international journals. Her latest article appears in the Journal of International Humanitarian Legal Studies 11 (2020) 349-384, titled “Classifying Non-International Armed Conflicts: The ‘Territorial Control’ Requirement Under Additional Protocol 11 in an Era of Complex Conflicts”.
According to publishers Brill | Nijhoff, ‘The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law.’
An excerpt of the article’s abstract reads as follows:
‘In terms of Additional Protocol 11 to the Geneva Conventions ‘territorial control’ is a requirement in order to determine whether, as contemplated by the provisions of the Protocol, a non-international armed conflict exists. Complex situations in which conflict is not confined to the territorial borders of the State where the non-international armed conflict originated increasingly present a challenge to those responsible for conflict classification under the conventional law of non-international armed conflict.
In situations such as these, a non-international armed conflict is no longer restricted to the territory of a single State. Multiple non-international conflicts involving numerous actors can co-exist in a single territory at the same time or lead to fighting across borders. The complex conflict situations in the Central African Republic, Mali, South Sudan and the Democratic Republic of the Congo serve as examples. Attaining legal certainty is pivotal with respect to conflict classification because the category of conflict determines the applicable rules of the conventional law of armed conflict. Even though Additional Protocol ii remains the only comprehensive treaty dedicated to the regulation of non-international armed conflict, there is a paucity of literature which analyses its scope of application, and specifically the territorial control requirement.
This article offers an in-depth examination of the territorial control requirement.’ and ‘Is a contribution to the discussion of the identification of Additional Protocol 11-type non-international armed conflicts (‘niacs’). It seeks specifically to promote a better understanding of the territorial requirement inherent in Article 1(1) of Additional Protocol 11.’
Bradley is an External Expert for the Centre for International Humanitarian and Operational Law, affiliated to the Department of International and European Law, Palacký University, Olomouc, Czech Republic.
A proud Dean Elsabe Schoeman congratulated Bradley on her hat trick, and stated that ‘UP Law is looking forward to more international research publications from the pen of Dr Martha Bradley, giving prominence to the international research contributions of UP Law.’
* Bradley's recent two other publications are available at these links:
UP Law's Drs Martha Bradley and Aniel de Beer publish in 'Yearbook of Humanitarian Law 2019, Vol 22'
UP Law's Dr Martha Bradley publishes in '2019 African Yearbook on Humanitarian International Law'