Abstract
Nationality has been central to law's understanding of membership. Moreover, the formal legal relationship between the individual and the state is that of citizenship - or nationality. However, as this chapter argues, various forces in the international context, including globalisation and the contrasting phenomena of fragmentation, express tensions besetting traditional notions of state membership in an international framework.
This chapter begins by looking at some of the issues underpinning the larger question of the role of nationality in humanitarian law. It then explores those questions in the context of the former Yugoslavia and in particular through the judgment of the War Crimes Tribunal for the Former Yugoslavia in the case of Tadic. It argues that nationality should not necessarily be a determinative factor when applying humanitarian law.
This chapter begins by looking at some of the issues underpinning the larger question of the role of nationality in humanitarian law. It then explores those questions in the context of the former Yugoslavia and in particular through the judgment of the War Crimes Tribunal for the Former Yugoslavia in the case of Tadic. It argues that nationality should not necessarily be a determinative factor when applying humanitarian law.
Original language | English |
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Title of host publication | The Challenge of Conflict International Law Responds |
Editors | Judith Gardam, Ustinia Dolgopol |
Place of Publication | Netherlands |
Publisher | Martinus Nijhoff Publishers |
Pages | 89-104 |
Number of pages | 16 |
ISBN (Electronic) | 9004145990 |
Publication status | Published - 1 Jan 2006 |
Externally published | Yes |
Publication series
Name | International Humanitarian Law Series |
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Volume | 13 |
ISSN (Print) | 1389-6776 |