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NON-INTERNATIONAL ARMED
CONFLICTS IN INTERNATIONAL LAW
This dispassionate analysis of the legal implications of non-international

armed conflicts explores the rules regulating the conduct of internal
hostilities, as well as the consequences of intervention by foreign States,
the role of the UN Security Council, the effects of recognition, State
responsibility for wrongdoing by both Governments and insurgents, the
interface with the law of human rights and the notion of war crimes. The
author addresses both conceptual and specific issues, such as the com-
plexities of 'failing' States or the recruitment and use of child soldiers. He
makes use of the extensive case law of international courts and tribunals,
in order to identify and set out customary international law. Much
attention is also given to the contents of available treaty texts. This new
updated edition takes into account the latest events in terms of the
practice of States, judicial pronouncements and UN Security Council
resolutions.
  is a Member of the Institut de Droit International and

a Professor Emeritus at Tel-Aviv University, Israel. He is a former
President of the University (1991–9), as well as former Rector and former
Dean of the Faculty of Law. He served twice as the Stockton Professor of
International Law at the U.S. Naval War College in Newport, Rhode
Island. He was also a Humboldt Fellow at the Max Planck Institute for
Comparative Public Law and International Law in Heidelberg, a Meltzer
Visiting Professor of Law at New York University and a Visiting Professor
of Law at the University of Toronto.
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NON-INTERNATIONAL
ARMED CONFLICTS IN
INTERNATIONAL LAW
 
YORAM DINSTEIN
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Information on this title: www.cambridge.org/9781108836180
DOI: 10.1017/9781108864091
© Yoram Dinstein 2014, 2021
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
First published 2014
Second Edition 2021
Printed in the United Kingdom by TJ Books Ltd. Padstow, Cornwall
A catalogue record for this publication is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Names: Dinstein, Yoram, author.
Title: Non-international armed conflicts in international law / Yoram Dinstein,
Tel-Aviv University.
Description: Second edition. | Cambridge, United Kingdom ; New York, NY : Cambridge
University Press, 2021. | Includes bibliographical references and index.
Identifiers: LCCN 2020037951 (print) | LCCN 2020037952 (ebook) | ISBN 9781108836180
(hardback) | ISBN 9781108799447 (paperback) | ISBN 9781108864091 (epub)
Subjects: LCSH: War (International law) | Intervention (International law) | War victims–Legal
status, laws, etc. | War crimes. | War.
Classification: LCC KZ6355 .D56 2021 (print) | LCC KZ6355 (ebook) | DDC 341.6–dc23
LC record available at https://lccn.loc.gov/2020037951
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ISBN 978-1-108-83618-0 Hardback
ISBN 978-1-108-79944-7 Paperback
Cambridge University Press has no responsibility for the persistence or accuracy
of URLs for external or third-party internet websites referred to in this publication
and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
vi 
III. The Dichotomy of NIACs and IACs 26
IV. The Territorial Dimensions of NIACs 28
A. A NIAC as an Armed Conflict within the Territory of a
Single State 28
(a) The Internal Character of a NIAC 28
(b) Extraterritorial Spillover 30
(i) General Spin-off Effects 30
(ii) Cross-Border NIAC Hostilities in a
Neighbouring Country 30
(iii) NIAC Hostilities on the High Seas 31
(iv) Cyberspace 33
(c) The ‘War’ on Terrorism 33
(d) Divided Nations 34
V. A Clash between Organized Armed Groups inter se 35
A. Disappearance of the Government (a ‘Failing State’) 35
B. Governmental Weakness 36
C. Governmental Inaction 36
D. The Law Applicable 37
VI. Sufficient Organization 38
A. Insurgency Distinguished from Mob Violence 38
B. Insurgents as a Party to the Conflict 39
VII. Protracted Violence 41
A. The Temporal Element 41
B. How Much Time Is Required? 42
VIII. Intensity of the Fighting 43
A. Terrorist Activities 43
B. Intensity as an Independent Criterion 44
C. Indicia of Intensity 45
IX. The End of a NIAC 46
A. The Termination of Hostilities 46
B. A Peace Accord as a Requirement for the End of a NIAC 48
C. The Objectives and Standing of a Peace Accord 50
D. Post-Peace Accord Hurdles 51
3 Thresholds and Interaction of Armed Conflicts 53

I. The Three Thresholds of Armed Conflicts 53
A. Below-the-Threshold Violence 53
B. Over the First Threshold 54
C. Over the Second Threshold 55
(a) Government Armed Forces 56
(b) Dissident Armed Forces 57
 vii
(c) Other Organized Armed Groups under
Responsible Command 57
(i) A ‘Group’ 58
(ii) An ‘Armed’ Group 59
(iii) An ‘Organized’ Armed Group 59
(iv) The Five Factors of Organization 61
(d) Control over Territory 62
(e) Sustained and Concerted Military Operations 64
(f ) Capacity to Implement AP/II 65
D. Over the Third Threshold 65
II. Interaction between NIACs 67
A. Two or More NIACs within the Territory of the
Same State 68
B. Two or More NIACs within the Territories of
Adjacent States 68
III. Interaction between NIACs and IACs 71
A. Simultaneous Combinations of NIACs and IACs 71
B. Consecutive Combinations of NIACs and IACs 72
4 Fighters, Civilians and LONIAC 76

I. Fighters 76
A. Definition 76
B. Governmental Forces 76
C. Insurgent Organized Armed Groups 77
II. Civilians 79
III. Loss of Civilian Protection from Attack 79
A. The Concept of Direct Participation in Hostilities 79
B. Specific Activities 81
C. The Actors 82
IV. Why Are Insurgent Armed Forces Bound by LONIAC? 83
A. The Axiom 83
B. The Rationale 84
(a) Treaty Law 84
(i) Non-State Bearers of Obligations and Rights 85
(ii) Non-State Actors and Treaties 89
(iii) Agreements between Governments and Insurgents 91
(b) Customary International Law 93
5 Foreign Intervention in a NIAC 96

I. The Principle of Non-Intervention 96
A. The Principle and the Practice 96
B. ‘R2P’ 97
viii 
II. Military Intervention by a Foreign State in Support of the
Incumbent Government 98
A. The Requirement of Consent 98
(a) Consent as a Door-Opener to Foreign Intervention 98
(b) The Position of the Institut de Droit International 99
(c) The General Practice of States 101
(d) The Validity and Parameters of Consent 103
(e) Consent by Treaty 105
(f ) Revocation of Consent 106
(g) Constraints 107
B. ‘Failing States’ 108
III. Military Intervention by a Foreign State against the
A. Use of de facto Organs 109
B. Military Assistance to Insurgents 109
IV. Military Intervention by a Foreign State against Insurgents without the
Consent of the Incumbent Government 111
A. The Duty of Vigilance 111
B. ‘Extraterritorial Law Enforcement’ 112
V. The Hazards of Foreign Interventions 113
VI. The Applicable Law 115
A. LONIAC or IAC jus in bello? 115
B. Some Outstanding Problems 117
VII. Intervention in a NIAC by the Security Council 118
A. The UN Charter 118
B. The Case of Libya 121
C. The Range of the Security Council’s Intervention 122
D. UN Monitoring and Peacekeeping Forces 124
6 Recognition 127
I. Recognition of an Insurgent Government 127
A. Conditions for the Existence of a State and a Government 127
B. Recognition of a New Government 128
C. Issues Related to Recognition of Governments 130
(a) The Three Main Scenarios 130
(b) Formation of an Insurgent Government 131
(c) Only One Government Can Be Recognized at Any
Given Time 131
(d) Unlawful, Premature and Artificially
Prolonged Recognition 132
(e) De facto Recognition 133
(f ) Implied Recognition 134
(g) Recognition as a Step towards Intervention in a NIAC 135
(h) Democracy and Constitutionality 137
 ix
(i) Avoiding Recognition 138
(j) Government-in-Exile 139
D. Action by the Security Council 140
II. Recognition of a New State 141
III. ‘Recognition of Belligerency’ 142
A. ‘Recognition of Belligerency’ by the
B. ‘Recognition of Belligerency’ by Foreign States 144
C. Implied ‘Recognition of Belligerency’ 145
(a) Implied Recognition by the Incumbent Government
of Ruritania 146
(b) Implied Recognition by a Foreign State 148
IV. ‘Recognition of Insurgency’ 148
7 State Responsibility 150

I. The ILC Draft Articles 150
II. Attribution of Acts to the State 151
A. Organs of the State 151
B. Private Persons 152
C. Ultra vires Acts 153
III. Due Diligence 154
A. The Concept 154
B. Prevention 155
C. Punishment 156
IV. Mob Violence and Riots 157
A. Reasonable Precautions 157
B. Attacks against Foreigners 158
V. Insurgency 158
A. The Incumbent Government 158
(a) Acts of Commission 158
(b) Acts of Omission 159
(c) Failure to Exercise Due Diligence 160
(d) Force majeure 161
B. Successful Insurgents 162
(a) A New Government 162
(i) Attribution of Insurgent Acts 162
(ii) Retroactivity 163
(iii) Limitations 164
(iv) Dual Attribution 164
(v) Power-sharing 165
(vi) Return to Power 166
(b) A New State 166
C. Unsuccessful Insurgents 168
x 
VI. Foreign Intervention 168
A. Responsibility of the Foreign State for Acts of Its Organs 168
B. Complicity 169
8 The Principal LONIAC Treaty Provisions 173

I. Common Article 3 173
A. The Text 173
B. Analysis 174
(a) Scope of Application 174
(b) Gaps and Flaws 175
(c) Humane Treatment 176
(d) ‘A Regularly Constituted Court’ 177
(e) Offer of Services by Impartial Humanitarian Bodies 179
(f ) Special Agreements 180
II. AP/II 181
A. Comparisons 181
(a) AP/II and Common Article 3 181
(b) AP/II and AP/I 182
B. Humane Treatment 184
(a) Fundamental Guarantees 184
(b) Collective Punishments 186
(c) Belligerent Reprisals 187
(d) The Protection of Children 188
(e) Internment 189
(f ) Penal Prosecutions 189
C. Wounded, Sick and Shipwrecked 191
(a) Protection and Care 191
(b) Medical and Religious Personnel 193
(c) The Emblem 195
D. The Civilian Population 195
(a) Protection from Attack 195
(b) Starvation of Civilians 197
(c) Works or Installations Containing Dangerous Forces 198
(d) Cultural Property 198
(e) Forced Movement of Civilians 199
(f ) Relief Action 200
9 Additional Treaty Texts 206

I. Treaties Explicitly Apposite to NIACs 206
A. Cultural Property 206
B. Weapons 208
C. Child-Soldiers 210
II. Treaties Implicitly Apposite to NIACs 211
A. Enforced Disappearances 211
PREFACE
Due to their preponderance and intensity, non-international armed

conflicts are currently very much in the public mind: often, more so than
international armed conflicts. The present volume serves as a compre-
hensive introduction to the international legal regime of non-
international armed conflicts, proceeding strictly in light of what the
contemporary law is (as distinct from what the present author or any-
body else would like it to be).
Non-international armed conflicts raise a raft of issues that need to be
addressed, including in particular their preconditions, thresholds, diverse
forms and configurations; the discordant perspectives of the international
and domestic legal systems; as well as the application of treaty and
customary law to non-State actors. In addition, it is necessary to examine
the consequences of intervention by foreign States; the role of the
Security Council; the effects of recognition; State responsibility for
wrongdoing to the installations, diplomats or nationals of foreign
States, etc. The interface between the law of international and non-
international armed conflicts is a matter of crucial concern. There are
also numerous specific problems, ranging from the complexities of
‘failing States’ to the recruitment and use of child-soldiers.
The main thrust of the book relates to the law regulating hostilities.
Conduct of hostilities in non-international armed conflicts, once virtually
overlooked by international law, is currently ingrained in the lex lata to
an ever-increasing extent. The process is primarily the outcome of a
substantial body of case law delivered by international courts
and tribunals.
There is an ineluctable intersection between the law of non-
international armed conflicts, human rights law and international
criminal law. To avoid confusion, it is necessary to look carefully for
guidelines indicating which legal norms are applicable in any
given situation.
xv
https://www.cambridge.org/core/terms. https://doi.org/10.1017/9781108864091.001
xvi 
Much attention is devoted in this study to available treaty texts: what
they contain and what they do not; what they mean and what can
perhaps be read into them. Customary international law coincides with
many treaty provisions, but sometimes custom either goes beyond treaty
law or falls short of it.
The second edition takes into account the latest events (until early
2020) in terms of the practice of States, judicial pronouncements and
Security Council resolutions. Recent NIACs and new phenomena (such
as Da’esh and the struggle against it) have been explored. The entire text
has been reviewed and revised to reflect up-to-date developments. The
discussion of several themes (e.g., peace accords terminating hostilities or
the complicity of intervening States) has been substantially amplified.
The present book serves as a companion to three other volumes
published by Cambridge University Press, dealing respectively with the
jus ad bellum,* the jus in bello in international armed conflicts** and the
law of belligerent occupation.*** Largely speaking, between them, the
four volumes cover the general spectrum of the law of armed conflict in
its various aspects. To minimize repetition, matters considered in detail
in the companion volumes are not rehashed here.
There is one important omission: namely, the treatment of internees
(either in international or in non-international armed conflicts). The
reason is that the topic calls for a juxtaposition and analysis of inter-
national legal rules affecting diverse categories of civilian detainees – in
peacetime and in armed conflict; in inter-State as much as in intra-State
strife; and in occupied territories – plus the special status of prisoners of
war. Such a comparative survey has to be done methodically, and it is not
undertaken in the present book (just as it was not attempted in the
companion volumes).
The numerical cross-references in the text of the book (as distinct from
the indices) are to paragraphs and not to pages.
To facilitate syntax, generic pronouns relating to individuals are usu-
ally drawn in masculine form. This must not be viewed as gender-
specific.
* Y. Dinstein, War, Aggression and Self-Defence (6th ed., 2017).

** Y. Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict
(3rd ed., 2016).
*** Y. Dinstein, The International Law of Belligerent Occupation (2nd ed., 2019).
TABLE OF CASES
REFERENCES ARE TO PAGE NUMBERS
Abella case (Argentina) (Inter-American Commission on Human Rights), 42–3

Aguilar-Amory and Royal Bank of Canada Claims (Arbitration), 129
Akayesu, Prosecutor v. (ICTR, Appeals Chamber), 16–17, 82
(ICTR, Trial Chamber), 39, 45, 63, 221, 240, 270
Aleksovski, Prosecutor v. (ICTY, Appeals Chamber), 191
(ICTY, Trial Chamber), 235
Al Mahdi, Prosecutor v. (ICC, Trial Chamber), 239
Al-Waheed et al. v. Ministry of Defence (UK Supreme Court), 286
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide, Case Concerning (Bosnia and Herzegovina v. Serbia and Montenegro)
(ICJ), 151, 155, 170, 172
Application of the International Convention on the Elimination of all Forms of Racial
Discrimination, Case Concerning (Georgia v. Russia) (Provisional Measures)
(ICJ), 297
Armed Activities on the Territory of the Congo, Case Concerning (Congo v. Uganda)
(ICJ), 102, 104, 106, 110, 112
Bagosora et al., Prosecutor v. (ICTR, Trial Chamber), 18

Barrios Altos v. Peru (IACHR), 262
Bemba, Prosecutor v. (ICC, Pre-Trial Chamber), 29, 234, 250
(ICC, Trial Chamber), 44, 48
Blagojević, Prosecutor v. (ICTY, Trial Chamber), 199–200
Blaškić, Prosecutor v. (ICTY, Appeals Chamber), 77, 273
Bolívar Railway Company case (Arbitration), 164
Boškoski et al., Prosecutor v. (ICTY, Trial Chamber), 39, 43–5, 60–2, 65
Brđanin, Prosecutor v. (ICTY, Appeals Chamber), 276
Brima et al., Prosecutor v. (SCSL, Trial Chamber), 186, 234, 241–3, 272–3
Compagnie Générale des Asphaltes de France (Arbitration), 147

Continental Shelf, Case Concerning the (Libya/Malta) (ICJ), 11
Delalić et al., Prosecutor v. (ICTY, Trial Chamber), 12, 16, 18, 74, 222, 234
Diakité v. Commissaire Général aux Réfugiés et aux Apatrides (CJEU), 315–16
xvii
xviii   
Đorđević, Prosecutor v. (ICTY, Trial Chamber), 78
Esmukhambetov et al. v. Russia (ECHR), 300
Fofana et al., Prosecutor v. (SCSL, Appeals Chamber), 186–7, 196

(SCSL, Trial Chamber), 233
Furundžija, Prosecutor v. (ICTY, Trial Chamber), 221, 229, 240, 262, 272
Galić, Prosecutor v. (ICTY, Appeals Chamber), 76, 273

(ICTY, Trial Chamber), 79, 282–4
German Interests in Polish Upper Silesia, Case Concerning Certain (Merits) (Germany/
Poland) (PCIJ), 8
Gotovina et al., Prosecutor v. (ICTY, Trial Chamber), 50
Hadžihasanović et al., Prosecutor v. (ICTY, Appeals Chamber), 60, 281

Halilović, Prosecutor v. (ICTY, Trial Chamber), 66, 277
Hamdan v. Rumsfeld (US Supreme Court), 33
Haradinaj et al., Prosecutor v. (ICTY, Trial Chamber), 38, 44, 49
(ICTY, Trial Chamber, Retrial), 39, 49
Home Frontier and Foreign Missionary Society of the United Brethren in Christ
(United States) v. Great Britain (Arbitration), 168
Iloilo Claims (Arbitration), 159

Immunity from Legal Process of a Special Rapporteur of the Commission on Human
Rights, Difference Relating to, Advisory Opinion on (ICJ), 151
Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide,
Perpetration, Cumulative Charging (Special Tribunal for Lebanon), 226
Isayeva et al. v. Russia (ECHR), 300, 302
Jansen v. Mexico (Arbitration), 131

Jokić, Prosecutor v. (ICTY, Trial Chamber), 198–9
Jurisdiction of the Courts of Danzig (Pecuniary Claims of Danzig Railway
Officials Transferred to the Polish Service), Advisory Opinion on the (PCIJ),
86–7
Kallon et al., Prosecutor v. (Decision on Jurisdiction) (SCSL, Appeals Chamber), 51,

86, 92–3, 265
Karadžić, Prosecutor v. (ICTY, Appeals Chamber), 197
Katanga, Prosecutor v. (ICC, Pre-Trial Chamber), 240
Kayishema et al., Prosecutor v. (ICTR, Trial Chamber), 16, 227
Khatsiyeva et al. v. Russia (ECHR), 270
   xix
Koi et al., Public Prosecutor v. (UK Privy Council), 143
Kordić et al., Prosecutor v. (ICTY, Appeals Chamber), 199
Krnojelac, Prosecutor v. (ICTY, Appeals Chamber), 273
Kunarac et al., Prosecutor v. (ICTY, Appeals Chamber), 16, 48, 220, 269
(ICTY, Trial Chamber), 220, 222–3, 293–4, 298
Kupreškić et al., Prosecutor v. (ICTY Trial Chamber), 279
LaGrand case (Germany v. US) (ICJ), 87

Legal Consequences for States of the Continued Presence of South Africa in Namibia
(South West Africa) notwithstanding Security Council Resolution 276 (1970),
Advisory Opinion on the (ICJ), 118
Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, Advisory Opinion on (ICJ), 296–8
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion on the
(ICJ), 279, 281, 298–9, 301–2
Limaj et al., Prosecutor v. (ICTY, Trial Chamber), 61, 64
Lubanga, Prosecutor v. (ICC, Trial Chamber), 45, 71–2, 80, 116, 242, 250, 278
Marguš v. Croatia (ECHR, Grand Chamber), 262

Massacres of El Mozote and Nearby Places, Case of the v. El Salvador
(IACHR), 261–2
McCann et al. v. UK (ECHR), 54, 294
Martić, Prosecutor v. (ICTY, Trial Chamber), 187
Milošević, D., Prosecutor v. (ICTY, Appeals Chamber), 196–7
(ICTY, Trial Chamber), 44, 81, 196
Milošević, S., Prosecutor v. (ICTY, Trial Chamber), 127
Mrkšić et al., Prosecutor v. (ICTY, Trial Chamber), 76
Musema, Prosecutor v. (ICTR, Trial Chamber), 25, 29, 76
Nicaragua, Case Concerning Military and Paramilitary Activities in and against

(Merits) (Nicaragua/USA) (ICJ), 11–12, 66, 71, 96, 98, 102, 109–10, 175, 201,
267
Norman, Prosecutor v. (Decision on Jurisdiction) (SCSL, Appeals Chamber), 84, 272
North Sea Continental Shelf cases (Germany/Denmark; Germany/Netherlands)
(ICJ), 11
Ntaganda, Prosecutor v. (ICC, Appeals Chamber), 177
(ICC, Pre-Trial Chamber), 200, 243
Noyes case (Arbitration), 157–8
Nuremberg Judgment (IMT), 88
Ongwen, Prosecutor v. (ICC, Pre-Trial Chamber), 241
xx   
Petrolane, Inc. v. Iran (Iran–US Claims Tribunal), 154
Pinson (France) v. Mexico (Arbitration), 163
Prlić et al., Prosecutor v. (ICTY, Appeals Chamber), 246–7
Puerto Cabello and Valencia Company case (Arbitration), 165
Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

(ICJ), 222
Rankin (US) v. Iran (Iran–US Claims Tribunal), 163

Réclamations Britanniques dans la Zone Espagnole du Maroc (Arbitration), 160
Rutaganda, Prosecutor v. (ICTR, Trial Chamber), 23, 56
Sakhanh case (Sweden, Stockholm District Court), 178–9

Sambiaggio case (Arbitration), 159, 168
Santa Clara Estates Company case (Arbitration), 159
Sarropoulos c. Etat Bulgare (Arbitration), 158
Semanza, Prosecutor v. (ICTR, Trial Chamber), 269–70
Sesay et al., Prosecutor v. (SCSL, Appeals Chamber), 225
(SCSL, Trial Chamber), 177
Short (US) v. Iran (Iran–US Claims Tribunal), 164–5
Strugar, Prosecutor v. (ICTY, Trial Chamber), 239, 276
Tadić, Prosecutor v. (Decision on Jurisdiction) (ICTY, Appeals Chamber), 11–12,
37–8, 41, 44–5, 48–9, 66–7, 119, 181–2, 208, 228, 231, 249, 269, 271, 274–5, 278,
282, 285
(Judgment) (ICTY, Appeals Chamber), 61, 74, 109
(Judgment) (ICTY, Trial Chamber), 43–4, 73–4
Tehran, Case Concerning United States Diplomatic and Consular Staff in (ICJ), 153
V., case of (Germany, Federal Supreme Court), 235

Varnava et al. v. Turkey (ECHR, Grand Chamber), 299
Vasiljević, Prosecutor v. (ICTY, Trial Chamber), 233
Velásquez Rodríguez case (IACHR), 153
West (USA) v. Mexico (Arbitration), 157

Western Sahara, Advisory Opinion on (ICJ), 85
Yeager (US) v. Iran (Iran–US Claims Tribunal), 152, 163

Youmans case (Arbitration), 153
TABLE O F S ECURITY COUNCIL RESOLUTIONS
REFERENCES ARE TO PAGE NUMBERS
Resolution 688 (1991), 119–20

Resolution 733 (1992), 123
Resolution 814 (1993), 123
Resolution 819 (1993), 124
Resolution 827 (1993), 124
Resolution 836 (1993), 124
Resolution 955 (1994), 124
Resolution 1127 (1997), 122
Resolution 1132 (1997), 141
Resolution 1383 (2001), 141
Resolution 1540 (2004), 274
Resolution 1546 (2004), 141
Resolution 1564 (2004), 83–4
Resolution 1970 (2011), 121
Resolution 1973 (2011), 121–2, 135
Resolution 2043 (2012), 124
Resolution 2098 (2013), 122–3
Resolution 2100 (2013), 123
Resolution 2118 (2013), 213, 274
Resolution 2127 (2013), 123
Resolution 2161 (2014), 70
Resolution 2165 (2014), 202–3
Resolution 2170 (2014), 70
Resolution 2199 (2015), 70
Resolution 2216 (2015), 7, 120, 132
Resolution 2235 (2015), 214
Resolution 2249 (2015), 70
Resolution 2259 (2015), 47
Resolution 2366 (2017), 52
Resolution 2388 (2017), 240
Resolution 2423 (2018), 125
Resolution 2462 (2019), 43
xxix
xxx     
Resolution 2499 (2019), 51
Resolution 2504 (2020), 119
Statute of the ICTY, 1993, 228, 230

Statute of the ICTR, 1994, 31, 229–30
TABLE OF GENERAL ASSEMBLY
RESOLUTIONS
Resolution 217 (III)) [Universal Declaration of Human Rights], 305, 311–12

Resolution 2625 (XXV) [Friendly Relations Declaration], 96–7, 111–12
Resolution 3314 (XXIX) [Definition of Aggression], 104, 136
Resolution 36/103 [Intervention], 96–7
Resolution 51/210 [Terrorism], 225
Resolution 60/1 [World Summit], 98
xxxi
1
The Framework
I. Introduction
A. NIACs and IACs
1. Every armed conflict is either international or non-international in
character (see infra 71). Non-international armed conflicts (NIACs) –
often called internal armed conflicts or, in the past, civil wars – are an
older phenomenon than the modern nation-State. The Roman Republic
was subverted and ultimately destroyed by enervating civil strife. The late
Roman Empire was shaken to its foundations by near-constant bruising
fights between rivals who wished to assume the purple. The Islamic
Caliphate went through the turmoil of fitna; and in the long history of
the Chinese Empire regimes and dynasties often succumbed to aggressive
warlords. Throughout medieval and early modern Europe, internal con-
flicts between barons and kings, interspersed by many a jacquerie and
fronde, were commonplace. In a multitude of countries, the animosities
and fervour of such ruptures (exemplified by the War of the Roses in
England) brewed for long periods of time. In more recent times, NIACs
like the American Civil War (1861–5), the Russian Civil War (1917–22)
or the Spanish Civil War (1936–9) left scars of self-inflicted wounds not
healed for generations.
2. In the past several decades, NIACs have led to genocide and
appalling massacres. But even when less calamitous in their effects, they
have caused abundant losses of life and tangible damage to property. The
incessant ordeals of NIACs (meeting the preconditions set out in
Chapter 2) have occurred in scores of countries all over the globe.1
Some of these NIACs were (or are) exceptionally brutal; others were
1
The following list of NIACs occurring in the postcolonial period can be compiled in
alphabetical order: Afghanistan, Algeria, Angola, Azerbaijan, Bahrain, Bolivia, Bosnia/
Herzegovina, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Central African
Republic, Chad, Colombia, Comoros, Congo, Congo-Brazzaville, Cyprus, Djibouti,
 
(or are) less harsh. Some are ongoing; others are definitely over; and still
others are in danger of re-eruption. Then, there are places of unrest and
confrontation (not listed here) – like Venezuela – that have been
teetering on the brink of a NIAC.
3. Experience demonstrates that an incumbent Government – averse
to being tarnished with the stain of a revolt – is often prone to shy away
from an unwelcome truth, clinging to the fiction that internal violence is
sporadic and that no genuine rebellion against its writ is underfoot.
There are a host of examples of governmental reluctance to concede
the existence of a NIAC, even in the face of overwhelming evidence to the
contrary.2 The international community, too, may recoil at the thought
of recognizing what is actually happening. Thus, for a considerable time,
there was an indisposition to concede that a NIAC had begun in Syria in
2011.3
4. Despite the frequent ‘mischaracterization’ of NIACs for political and
other reasons,4 the outbreak of a NIAC has to be determined on the basis
of objective criteria rather than subjective predilections. In fact, official
refusal by an incumbent Government to acknowledge that a NIAC is
going on may be a counterproductive stance, inasmuch as the
Government may then be held to more stringent international legal
standards of behaviour in resorting to ordinary law enforcement meas-
ures (for an illustration, see infra 140).
5. NIACs are certainly much more pervasive today than international
armed conflicts (IACs). They are also liable to leave behind more carnage
and devastation. The Syrian NIAC – which has been going on for a whole
decade since 2011 – is a prime example: the fighting between the
Dominican Republic, Egypt (Sinai Peninsula), El Salvador, Ethiopia, Fiji, Gambia,

Georgia, Guatemala, Guiana, Guinea, Guinea Bissau, India, Indonesia, Iran, Iraq, Ivory
Coast, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Mali, Moldova, Mozambique, Myanmar,
Nepal, Nicaragua, Niger, Nigeria, North Macedonia, Oman, Pakistan, Papua New Guinea,
Paraguay, Peru, Philippines, Russia (Chechnya), Rwanda, Senegal, Serbia (Kosovo), Sierra
Leone, Solomon Islands, Somalia, South Africa, South Sudan, Spain (Basque region), Sri
Lanka, Sudan, Suriname, Syria, Tajikistan, Thailand, Turkey, Uganda, UK (Northern
Ireland), Ukraine, Western Sahara and Yemen.
2
See generally E. La Haye, War Crimes in Internal Armed Conflicts 42 (2008). For a specific
example, see B. Zawacki, ‘Politically Inconvenient, Legally Correct: A Non-International
Armed Conflict in Southern Thailand’, 18 JCSL 151–79 (2013).
3
See L.R. Blank and G.S. Corn, ‘Losing the Forest for the Trees: Syria, Law, and the
Pragmatics of Conflict Recognition’, 46 Van.JTL 693, 725–30 (2013).
4
See A. Cullen, ‘The Characterization of Armed Conflict in the Jurisprudence of the ICC’,
The Law and Practice of the International Criminal Court 762, 775 (C. Stahn ed., 2015).
.  
incumbent Government and numerous separate insurgent armed
groups5 (and recurrently among those groups clashing with each other)
has been carried out à outrance. The NIAC has left in its wake hundreds
of thousands of fatalities and countless wounded; it has brought about
utter destruction of cities, towns and villages; it has obliterated cultural
property; and it has driven away millions of refugees and displaced
persons. Fuel has been added to the disastrous conflagration by outsiders:
(i) Russia and Iran – both directly and indirectly (through surrogates,
like Hezbollah, and mercenaries) – have militarily intervened in
support of the Syrian Government, thereby saving it from collapse.
(ii) Turkey has militarily intervened in support of certain insurgents
against the Syrian Government, and other countries have supplied
various groups of insurrectionists with arms and supplies.
(iii) A large international coalition has militarily intervened against
Da’esh (on the Da’esh phenomenon, see infra 189 et seq.) without
seeking permission from the Syrian Government.
(iv) Tens of thousands of Moslem, non-Syrian, individuals – impelled by
religious fanaticism – joined the fighting against the Syrian
Government on behalf of Da’esh.
6. For sure, not every NIAC necessarily ends up in a catastrophe. But
the societal tissue may not mend for a long time following outbursts of
implacable hatred and enmity among inhabitants of the same national
space. Winning domestic peace subsequent to a sanguinary NIAC may
be a slow and arduous process. Indeed, a NIAC that is ostensibly over can
flare up again cyclically, perhaps in a reconfigured manner.
7. Although a NIAC is an intra-State – rather than an inter-State –
affair, traditional international law could not be entirely oblivious to its
external reverberations. In particular, NIACs had to be woven by the
international legal system into the fabric of the principle of non-
intervention (see Chapter 5), the concept of recognition (see
Chapter 6), and the norms of State responsibility (see Chapter 7).6 Yet,
for centuries, international law brushed aside the principal issue of
streamlining the conduct of hostilities in the course of a NIAC.
5
On the principal insurgent armed groups, see D. Wallace, A. McCarthy and S.R. Reeves,
‘Trying to Make Sense of the Senseless: Classifying the Syrian War under the Law of
Armed Conflict’, 25 Mich.SILR 555, 562–9 (2017).
6
See J.H.W. Verzijl, IX International Law in Historical Perspective 501–2 (1978).
 
8. All this changed radically in 1949 upon the adoption of the four
Geneva Conventions for the Protection of War Victims (see infra 21).
Since that date, the international regulation of the conduct of hostilities
in NIACs has undergone exponential growth, becoming a fulcrum of
contemporary interest. In large measure, the normative corpus apposite
to NIACs may be seen as an extrapolation of the more robust jus in bello
applicable in IACs (a body of law whose genesis had already occurred a
century earlier). But, as we shall see (infra 824 et seq.), the relationship
between the two legal regimes of IAC and NIAC law of armed conflict is
characterized not only by convergence: close attention must be paid to
the built-in divergence between them.
B. LONIAC
9. Throughout the present volume, usage will be made of the acronym
LONIAC standing for ‘law of non-international armed conflict’, which
must be understood as synonymous with the common expression IHL
(‘international humanitarian law’). The locution LONIAC is preferable
by virtue of its dispassionate connotations: it avoids a false impression
(implicit in the ‘humanitarian’ limb of IHL) that the rules governing
NIAC hostilities are de rigueur humanitarian in nature. It is an irrefut-
able fact that, even though humanitarianism is an overarching consider-
ation, many of these rules are engendered primarily by military necessity
to prevail in the fighting.
10. LONIAC is a branch of international law. The essence of LONIAC
is the imposition of restraints on both the incumbent Government and
those rising against it. All parties to the conflict must refrain from
employing certain means or methods of hostilities that are banned by
LONIAC. But the norms restricting freedom of action in the conduct
of hostilities do not imply that the international community questions
the fundamental right of the Government to suppress an insurrection
by force.7
11. Additional Protocol II to the Geneva Conventions (AP/II) of
1977 – which is dedicated in its entirety to LONIAC (see infra 22) – sets
forth in Article 3(1):
Nothing in this Protocol shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of the government, by all
7
See Commentary, I Geneva Convention 61 (ICRC, J.S. Pictet ed., 1952).
.  
legitimate means, to maintain or re-establish law and order in the State or
to defend the national unity and territorial integrity of the State.8
Congruent language is used in Article 8(3) of the 1998 Rome Statute of

the International Criminal Court (ICC):
Nothing in paragraph 2(c) and (e) shall affect the responsibility of a
Government to maintain or re-establish law and order in the State or to
defend the unity and territorial integrity of the State, by all legitimate
means.9
12. The phrase ‘by all legitimate means’, appearing in both texts, must
be underscored. It connotes that, although the beleaguered Government
has a right and a responsibility to restore law and order, it is not allowed
to utilize means and methods that do not cohere with LONIAC.10 There
is a delicate balance here. LONIAC ordains restraints in the conduct of
hostilities without denying the existence of ‘imperative military reasons’
(see infra 557) or ‘necessities of the conflict’ (see infra 670). The incum-
bent Government is vested with a prerogative of vigorously putting law
and order back on track, but it can do so only on condition that it acts in
compliance with LONIAC.11
C. No NIAC jus ad bellum

13. LONIAC is the counterpart in intra-State hostilities of IAC jus in
bello. But there is no NIAC counterpart to the jus ad bellum, which
determines the legality of an armed conflict between States. A prohibition
of the use of force in international relations is enshrined in Article 2(4) of
the Charter of the United Nations (UN)12 and is embedded in current
customary international law as jus cogens.13 However, ‘[t]he use of force
solely within a State is not covered’ by that prohibition, so that it is not
unlawful either (i) for the population to unleash an insurrection within a
8
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the
Protection of Victims of Non-International Armed Conflicts (Protocol II) (AP/II), 1977,
Laws of Armed Conflicts 459, 461–2.
9
Rome Statute of the ICC, 1998, Laws of Armed Conflicts 1314, 1321.
10
See A. Zimmermann and R. Geiss, ‘Article 8’, Rome Statute of the International Criminal
Court: A Commentary 528, 579 (3rd ed., O. Triffterer and K. Ambos eds., 2016).
11
See M. Bothe, ‘War Crimes’, I The Rome Statute of the International Criminal Court:
A Commentary 379, 424 (A. Cassese et al. eds., 2002).
12
Charter of the United Nations, 1945, 9 Int.Leg. 327, 332.
13
See Y. Dinstein, War, Aggression and Self-Defence 100–2, 110 (6th ed., 2017).
 
State; or (ii) for the incumbent Government to use its extensive resources
in furtherance of the suppression of the revolt.14
14. The fact that international law is content with a ban on recourse to
inter-State force – unaccompanied by a cognate prohibition of resort to
intra-State force – may seem surprising, given the frequency, ferocity and
far-flung fallout of NIACs. But the indisputable, albeit grim, reality is that
international law distances itself from prohibitory injunctions against
NIACs. Some scholars would like to create ‘a new jus contra bellum
internum’, but they do not deny that this is proposed purely de lege
ferenda.15 Of course, the absence of an international lex lata banning
NIACs does not impede domestic legislation ensuring the preservation of
the State’s internal order. It is a deeply ingrained characteristic of all
domestic legal systems that an insurgency designed to topple the lawfully
established Government is a criminal offence, generally categorized as
high treason.16
15. The posture of international law vis-à-vis NIACs is twofold. While
the population of a State is not obliged to desist from an insurrection, the
flip side of the coin is that international law does not deny the entitle-
ment of the incumbent Government to stamp out an insurgency by
force.17 It has been suggested that international law should at least
require the parties to a NIAC to settle their dispute amicably (through
negotiation, mediation or arbitration),18 but even that does not seem to
be in the offing.
16. The absence of an international jus ad bellum internum has far-
reaching consequences affecting the whole vista of NIACs. Pre-
eminently, the concept of a right to self-defence as an exception to the
prohibition of the use of force – which plays a central role in IACs19 – has
no traction in the context of NIACs.
17. The Security Council’s powers under the UN Charter have been
exercised in a manner catching NIACs in the Council’s net. Thus, in
14
See A. Randelzhofer and O. Dörr, ‘Article 2(4)’, I The Charter of the United Nations:
A Commentary 200, 214 (3rd ed., B. Simma et al. eds., 2012).
15
See C. Kress, ‘Towards Further Developing the Law of Non-International Armed
Conflict: A Proposal for a Jus in Bello Interno and a New Jus contra Bellum Internum’,
893 IRRC 29, 39 (2014).
16
See E. Castrén, Civil War 18 (1966).
17
See A. Bellal and L. Doswald-Beck, ‘Evaluating the Use of Force during the Arab Spring’,
14 YIHL 3, 12 (2011).
18
See R. Wedgwood, ‘The Use of Force in Civil Disputes’, 26 Is.YHR 239, 248–9 (1996).
19
See Dinstein, supra note 13, at 197–327.
Another random document with
no related content on Scribd:
The Project Gutenberg eBook of The vanguard of
Venus
This ebook is for the use of anyone anywhere in the United States and
most other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms
of the Project Gutenberg License included with this ebook or online at
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will have to check the laws of the country where you are located
before using this eBook.
Title: The vanguard of Venus
Author: Landell Bartlett
Illustrator: R. E. Lawlor
Release date: January 2, 2024 [eBook #72597]
Language: English
Original publication: New York: Experimenter Publishing Company,

1944
Credits: Roger Frank and Sue Clark from images generously provided
by the Internet Archive.
*** START OF THE PROJECT GUTENBERG EBOOK THE

VANGUARD OF VENUS ***
The VANGUARD of VENUS
by LANDELL BARTLETT
Presented With the Compliments of
Copyrighted 1928
EXPERIMENTER PUBLISHING CO., 230 Fifth Avenue, New York
The lights had now reached their maximum, giving the huge room the
effect of being flooded by intensely bright moonlight. Behind me, and on
all sides, stood scores of these creatures, similar in appearance to the
Field General on the throne. They stood motionless, regarding me stolidly
with their smoldering, beady eyes. . . . Finally Oomlag turned to me: “The
Field General wants to ask you a few questions,” he said, stepping to one
side.
The VANGUARD of VENUS
By LANDELL BARTLETT
(Extract from letter dated February 16, 1927, from Oliver Robertson, banker of
Calcutta, India, to J. B. Cardigan, President of Cardigan Press Service, Inc.)
. . . . . we got into a pretty hot argument over it, too. Of course, I

thought Morrison was kidding me at first; but he kept insisting that
Murdock wouldn’t have done such a thing if he really hadn’t meant it
for the truth.
I told him that Murdock had probably had his little secret hobby of
fiction-writing unknown to any of his friends, that he had thought up
this story for his own entertainment, and had taken this means of
making it “plausible.” I admit I don’t understand why he should want to
do such a thing, but I think you will agree with me that at least it is
very clever. You can never tell what these serious-minded, middle-
aged bachelors are going to do next. I was really quite exasperated at
Morrison for believing this story. He knew poor Stanley better than I, it
is true; but as joint executor of the estate, I insisted that if it were to be
published at all, it should be as fiction, pure and simple. Then, if
anyone wants to believe it, let him go to it.
Morrison argued that the notarial seal and the definite instructions
on the envelope showed Murdock meant business—that he wasn’t the
kind to clutter up a strong box with junk. He reminded me that
Murdock had chucked a fine position in the United States to come to
India on a smaller salary and in a technically inferior rating, which was
a fair indication of the truth of his story. Murdock was unimaginative as
far as I know, but this story seems to indicate otherwise. He was a
splendid chap, sober and industrious. He was the only one killed in
that wreck of the Central of India at Coomptah ten days ago . . .
Knowing you are in touch with publishers that can handle this sort of
thing, I have taken the liberty of sending you Murdock’s document
herewith, together with the envelope in which it was found. You will
note that the instructions on the envelope indicate that it was to be
opened only in the event of Murdock’s death, by his executors, or by
himself, on June 21, 1931. If you can dispose of this material for profit,
I certainly will appreciate it.
N. B.—Touched up a bit, it might make good reading—in fact, I think

it is deucedly interesting as it stands.
Let me know as soon as possible, old man, what you think of this
and what disposition you want to make of it. I’ll appreciate it very
much if you can find a publisher, for it was Stanley’s wish . . .
Your old, hard-headed cousin,

Oliver Robertson.
(Stanley Murdock’s document, enclosed with the above letter, printed just as he
himself wrote it. Pursuant to Mr. Robertson’s instructions, and to prevent uneasiness
among the credulous, the public is warned that the story is undoubtedly fiction.)
September 18, 1923.

47 Victoria Drive, Rajput Gardens,
Calcutta, India,
TO WHOM THIS MAY CONCERN:

In accordance with instructions I have filed with the officials of the
Calcutta Traders’ Bank, this document, which is to be read by my
executors in the event of my death before June 21, 1931, or by myself
on that date in the presence of three officers of the above bank. The
reason for this I shall explain as clearly as possible.
An experience befell me while doing geological work in the United
States of America that has profoundly altered my life, and by the year
1931, will alter the lives of every human being in the world. This
statement, startling and unbelievable as it may sound, is nevertheless
the truth, and is the reason I am writing, or you are reading this. And I
am taking the only course consistent with my own welfare in giving
this message to the public so that it may have even a slight chance of
credence.
So preposterous will be found the contents of this document that
such fact alone will largely explain my method of procedure. I want
this message to be read, to be believed, and to be acted on. Had I told
anybody of my experience at the time it happened, I would simply
have been the laughing stock of my friends. Insisting on the truth of
the story might have been cause for investigation as to my sanity, and
the loss of my position if not of my liberty. It was utterly out of the
question to even think of telling anyone what I saw. I had absolutely
no proof, and could not then, let alone now, produce any evidence to
back up my statements. Only time will prove that I am right, and that
will be not later than August 21, 1931. There is a remote chance that
the catastrophe will occur sooner, but knowing what I do, I believe that
it will transpire on that exact date. So you can see what an awkward
position I am in—a prophet—foretelling happenings years ahead, to
the very day, to a skeptical world bound by the age-old dictum of
common sense, to laugh him to scorn.
This, then, is the reason I have made the safeguards for reading
this manuscript. The message being so vital to the world, I have
deposited copies in the largest banks in Bombay and Madras. These
documents are to be mailed to me on June 21, 1931, or in case I die,
may be obtained by my executors any time before that date. Thus I
will avoid practically eight years of derision with attendant loss of
position and probable confinement for mental instability. At the same
time, my warning is in no danger of being lost, and will be given to the
world in time to do some possible good. If I am alive on June 21,
1931, I shall give my experience to the world on that date, allowing
two months for those who heed it to escape a terrible fate. The reason
I resigned my position in the United States and am now in India will be
disclosed in the narrative.
IT was in January, 1923, that I met with this staggering experience. At

that time I was employed by the Southwestern Syndicate as chief
geologist for the Arizona-New Mexico district. I had been with them
almost fifteen years, going to them from the Concord Company, with
whom I had been associated since my graduation from the
Massachusetts Institute of Technology. Both of these companies, if I
can judge by the testimonials they so generously gave me on my
resignation, rated me very highly, and were reluctant to part with my
services. I mention this not in self-praise, but to show that I have
always had a reputation for honesty and efficient work. And I sincerely
hope that this reputation will sustain me when I say that what I am
about to relate here is the absolute truth.
On January 14, 1923, Olin Gilfillan (my most trusted field lieutenant
and a brilliant, hard-working man) and I set out on horseback from
Lovington, New Mexico, and headed toward the Mescalero Ridge. We
had with us a couple of pack mules bearing camping equipment and
grub for a week. It was our intention to scout the southeast part of the
Ridge, and report certain findings to the company. I shall not here
relate any technical description of our route, inasmuch as my
complete report is on file with the company in their Chicago office.
We left Lovington in the morning, and after a leisurely trip with a few
stops for “sighting,” made camp in a little arroyo leading up to the
Ridge. The day had been wonderfully clear, and in the early twilight I
worked on my notes while Olin built a small fire of cedar and mesquite
and prepared the coffee and bacon. After supper we lit our pipes and
talked over various things until about nine, when we crawled into our
sleeping bags.
It was some time before I dropped off, as there were several
problems connected with the trip that I kept reviewing in my mind. I
could hear Olin’s steady breathing, and envied him his ability to sleep
soundly under any conditions. Up from the east swam a large, perfect
full moon, flooding our camp in the little arroyo with its cold light. From
far away came the indistinct, silly yapping of a couple of coyotes, and I
could hear the horses stirring uneasily. Finally I fell asleep, and it
seemed as though I had hardly closed my eyes when something—
perhaps a sound, or maybe a premonition of something wrong—
caused me to become wide awake. I sat up and, noticing that the
moon was now overhead, looked at my wrist watch. It was almost one
o’clock.
There seemed to be nothing amiss. Olin was snoring peacefully, the
coyotes were no longer serenading the moon, only a little breeze was
moving the tops of the mesquite brushes. I glanced over to where the
horses had been tethered, and saw that they were very restive.
Thinking that perhaps some coyote was skulking about our camp, I
crawled out of my sleeping bag, took my rifle, and went over to where
the horses were trembling and straining at their tethers. They were
apparently scared at something immediately in front of them, as they
both gazed with bulging eyes in the same direction. Aside from a large
rock and a few straggling sotol plants, I could see nothing to cause
their fear. Thinking that perhaps, some creature had hidden behind
the rock, I made my way in a wide circle around it, but there was
nothing I could see to explain the horses’ fright. I went to them and
stroked their noses; this calmed them somewhat, but they continued
to gaze fearfully at the rock.
IT came over me like a flash that I had not noticed that rock when we
made camp—in fact, being now fully wide awake, I recalled that there
was no large rock of any kind near our camp. I blinked my eyes and
pinched myself to see if I was really awake. Could I have been
mistaken about my first impression of our camp site, and have
overlooked an object as large as that rock? My work has always
called for keen observation, and it was absurd to think that if a fairly
sizable boulder had been in sight, especially all by itself as this one
was, I would have failed to note it. Yet there it was, gleaming dully in
the moonlight, apparently firmly imbedded in the ground. But it
couldn’t (I reasoned) have been there when we first arrived. Imagine
two geologists failing to see a rock of that size! How in the world could
it have gotten there? Was it placed there by someone during the night,
while we slept? And if so, why? But I had not noticed any footprints
around it. It was obvious that it could not have rolled from anywhere. It
had not been there four hours ago, it had not been carried, it had not
rolled . . .
In all my experiences in out-of-the-way, God-forsaken places, I have
never known fear. I have been shot at by Mexicans, held up by thugs,
even bitten by a rattlesnake—but nothing has ever made me afraid.
Not even intense shell fire on the Western Front, where I had served
the last month of the war as an infantry captain in the 8th Division,
ever made me aware of danger. I was cited once by the French
government for bravery, but I take no credit for that. It is simply my
make-up—I have no “nerves.” But now—this inexplicable rock
appearing from nowhere—the very obvious fear it instilled in the
horses—
My first impulse was to waken Olin and tell him of this startling
phenomenon. The remote possibility that I might be mistaken, and
had for some reason failed to notice this rock, due to my absorption in
my note making, deterred me. How Olin would laugh at me if I roused
him because of some foolish fancy about an innocent boulder that had
been there all the time. He would never get done guying the life out of
me. But I was positive that it had not been there when we made camp.
I was debating whether to investigate the rock and prove once for
all there was no cause for alarm, or arouse Olin and get his opinion,
when the rock was suddenly thrown back and I could see that it was
only a hollow camouflage over a hole in the ground. Before I could cry
out, I was seized from behind and strong hands had placed a gag in
my mouth and a bandage over my eyes. I attempted to struggle, but
my efforts were useless. It was as though my arms and legs were held
in a powerful vise. Something sweetish that may have been
chloroform was held over my nose, and before I lost consciousness I
heard the squeal of a horse and the pounding of his hoofs as he broke
from his tether and ran. There was no sound of any kind from my
captors. I was dimly aware of being carried in powerful arms and laid
upon some smooth surface that seemed to sink beneath me as
darkness pressed upon me and I knew no more.
HOW long it was before I regained consciousness I do not know. I

seemed to hear a sort of droning sound, like the faraway purr of an
aeroplane motor. For a stupefied instant I believed I was again in my
sleeping bag, awakening from a bad dream. Then the recollection of
the hollow rock and my silent capture by strong hands seizing me
swiftly from behind, the thundering hoofs of the frightened horse,
came over me with sickening vividness. Cautiously I moved my arms
and legs, and found that they were not bound. Neither was there a
gag in my mouth or a bandage over my eyes. It was too dark to see
anything of my surroundings, but I could feel that I was lying on a
gently sloping, smooth, cold stone floor. I got unsteadily to my feet and
carefully extended my hands above my head. Though I reached
upward as far as I could, I could touch nothing. I got down on my
knees and groped around, crawling several feet in every direction, and
encountered no obstacle of any kind—only the smooth, dry stone that
was the floor of my strange prison.
There was no way of telling the dimensions of the room or cave in
which I had been deserted by my mysterious captors. Utter darkness
enveloped me like a heavy blanket. After several minutes of futile
crawling around, I realized that I must be in the middle of some
tremendous room, and that it was a waste of time trying to find a wall
or outlet. My captors evidently knew that this Stygian blackness would
effectually bar my escape, even if there were a way out, and that was
undoubtedly the reason I was unbound. Nothing I could do would help
in any way, so I might just as well await developments calmly. I
stretched myself full length on the stone floor and tried to puzzle out
the reason for my terrible predicament.
That I had been kidnapped by bandits and removed to some cavern
to await the payment of ransom seemed the most plausible solution. I
wondered if they had seized Olin Gilfillan also. If so, why were we not
together? Thinking he might be somewhere nearby, I shouted his
name aloud. Only the hollow, booming echo of my own voice,
sounding with eerie mockery from round about, answered me. I
listened intently. Silence, a great, brooding silence, intensified by the
darkness, by the magnitude of the cavern, and by my own breathing. I
no longer heard the droning sound that I had noticed when I first
regained my senses, so it must either have been my imagination or
the effects of the drug I had been forced to inhale. Undoubtedly I was
entirely alone in the darkness. And if I were being held for ransom, it
would, be only a question of time before my captors brought me
something to eat and drink.
Then there was the matter of the rock camouflage. The outlaws had
probably hidden one of their number beneath it as a measure of
precaution in case their plans miscarried. But what an elaborate
precaution, when there were so many other simpler, and equally
effective, methods of concealment. And they put it in a position where
it would be bound to attract attention and investigation. Even putting it
behind a sotol plant would be better than having it in the open. Could
it have concealed the entrance to the cave I was now in? Then, why
hadn’t Olin or I noticed the spot when we made camp? Perhaps the
bandits had covered the place cleverly, using the false rock only as a
screen for exit and entrance. That might explain the sinking sensation
I noticed just before the drug put me to sleep—I was probably lowered
into the ground at this point. I well knew that there were countless
caves in this southeastern part of New Mexico. The mighty Carlsbad
Cavern itself has a great number of branching chambers that have
never been explored. What could be more perfect for the purpose of
kidnapping for ransom than a well-concealed entrance to an unknown
cavern in this rugged, little-traveled country? In many places near the
Carlsbad Cavern the roof has fallen in, leaving deep depressions in
the ground; in fact, the natural entrance to this cavern is in one of
such depressions. The more I thought this over, the more I became
convinced that my captors had cunningly concealed a comparatively
small entrance to their own private cave, and that we, unfortunately
happening to camp close by, provided easy prey for their first attempt.
HOW they could have made the place look like ordinary flat ground,
with no footprints or other signs of disturbance anywhere, puzzled me
greatly. Several of them had come out and had seized me from
behind, but how had they covered their tracks, and where had they
hidden that I did not see them as I gazed around? They must have
come from some distance off, and been lightning quick to get me as
they did. And having captured me so neatly and noiselessly, why was
I now left alone with my thoughts, free to blunder around and break
my neck in the darkness? They evidently thought to cow me, so that I
would prove tractable, using the terror that comes from darkness and
solitude as their trump card. I resolved that, come what might, I would
never let them believe that I felt the slightest fear. And I further
resolved that once I was free, I would leave no stone unturned to seek
out this rendezvous and capture the whole gang, if it took half the
United States army. Why I have not done this will be made evident as
I continue.
Just as I had thoroughly determined to make bravery my one
inflexible gesture, no matter what they did to me, I became aware of a
presence approaching. It was only the faintest sort of rustling sound,
as though someone in a flapping kimono and sandals were walking
toward me. That someone, or something, was coming toward me in
absolute darkness, apparently moving at a steady pace in spite of that
fact, made my bravery dissolve into thin air. After all, what is fear? We
can steel ourselves to meet known dangers philosophically, or even
unknown ones if they are not totally unexpected; but when we are
suddenly confronted with the unknown, with all its potentialities of
horror aggravated by the awful cloak of inky darkness, or any equally
terrifying circumstance, we become as frightened children. It is only
natural. As the rustling sound grew louder, I involuntarily uttered a
stifled, sobbing moan, and sought to crawl away in the opposite
direction. I found that I could not move. I was paralyzed with a blind,
unreasoning, sickening fear. I felt faint with nausea, and my teeth
clicked together, as though I were perishing with cold. I have said
before that I have no “nerves” and that ordinary perils have never
ovecome me; but this was no ordinary situation, and what I had
already been through paved the way to this climax of complete terror. I
felt that death, sudden and painless, would be the most welcome thing
that could happen.
Whatever it was, stopped near me and I could hear it breathing
faintly. I tried desperately to control the clacking of my teeth and the
trembling of my limbs. I cursed myself for having called Olin, for the
noise, no doubt, had attracted the creature’s attention. As I could see
nothing, not even the faintest indication of glowing eyes, my terror-
stricken mind finally grasped the fact that no beast was near me; it
was probably only one of my captors. Yet, how had he found his way
to me, and where had he come from. My terror died away as quickly
as it had come, leaving me still trembling and faint, but with my mind
alert for what might follow, no matter how strange.
A RUSTLING sound close to my head and something touched me on

the shoulder. It was a hand, bony, long-fingered, powerful, that seized
my shoulder and pulled me up to a sitting position.
“Drink!” said a voice close to my ear. “Put your hands before your
face, and take the bowl that is offered you.” The voice had a peculiar
rasping quality, as if the speaker were having difficulty in controlling
his tongue, and the pronunciation of the words was done in a sort of
guttural drawl.
“What is it you offer me to drink?” I asked my unseen visitor, in the
bravest voice I could muster, “and why have I been brought here?”
The hand on my shoulder slowly tightened until I winced with pain.
Against my lips was pressed the rim of a rough, earthen bowl filled
with some cold liquid.
“Drink!” again said the voice, and I sensed the menace in the
metallic, rasping words, “to struggle is useless, for you cannot see in
the dark. Do as you are told, or you shall be pinioned and forcibly
made to drink. The liquid will not harm you, if that is why you are
fearful.”
The pain from his tremendous grip on my shoulder was too much. It
would indeed be of no avail to struggle in the dark with an unknown,
powerful adversary who was apparently thoroughly indifferent to the
lack of light. There was nothing to do but drink, and hope that he told
the truth in saying no harm lay therein. It was only a small bowl,
holding little more than an ordinary glass, and I quaffed the whole
potion in large gulps. It tasted no different than ordinary water.
“That is better,” came the voice, as the bowl was taken from me and
the hand on my shoulder removed, “now I shall talk to you. Sit quite
still. You cannot possibly escape, and besides I can see you perfectly,
so—”
I gave a gasp of incredulity. It was conceivable that the owner of this
voice might be so used to the dark that he could make his way
around; but as for seeing me perfectly in this smothering
blackness . . . the man must be mad! That was it! I had been captured
by some lunatic, and brought to this underground cavern for a terrible
purpose. My only chance was to humor the creature, to use my wits
and watch for a chance to overpower him. He was evidently endowed
with a sort of sixth sense, and I would have to bide my time. Then, his
voice—it was not the voice of a normal human being.
“I see that you do not believe my statement,” went on that drawling,
peculiar voice. “You think that it is not possible for anyone to see in
the dark. You not only think I am lying, but you think I am crazy. When
I get done talking to you, it will be surprising if you do not think
yourself crazy instead. We know no difference between light and dark,
such as you dwellers on the Earth. Light is used by us only to intensify
that which we already see—it is similar to what magnification would be
to you. Light makes a reaction on certain nerves of ours,
corresponding to your optic nerves, that simply intensifies the image.
The stronger the light, the larger the image. As I look at you now, you
are your normal size. We have lived and worked so long here that we
are even more partial to dark than to light, although in our work we
find it necessary—”
“Just a minute,” I broke in, realizing now that there was indeed a
dangerous madman on my hands, and that only if I pretended to keep
up a discussion on the topic which obsessed him could I hope to gain
his good graces, “you must remember that I have only just arrived,
and know nothing about you or your work. Where are the others who
are associated with you? Did you bring me here to help you in any
way? I’ll be glad to do anything I can.”
“I am not sure you will be needed after all,” said the voice, “I am
appointed to look after you until—well, until you are summoned. The
others you will see in due time. Meanwhile, as you have that human
trait of curiosity and your face has expressed bewilderment and
incredulity at certain things I have said, I shall explain what and who I
am, so that you will grasp what I am talking about. To begin with, I am
not a human being. Do not, however, let that fact alarm you. Because
you cannot see me, and because I am talking to you in a language
you can understand, you think I am utterly insane. You will shortly see
for yourself that I am right. Listen carefully to what I tell you, so that
you will be prepared to comprehend what will be shown you later.”
“But if you are not a human being,” I expostulated in a bewildered
tone of voice that I strove to make matter of fact, “what are you? You
speak English very well, and only human beings can talk. Are you a
god of some sort?” I thought by this remark to flatter the fellow, and
thus draw him out further in his absurd statements.
“Foolish one, of course I am not a god. But your question is
reasonable, nevertheless. You suppose that only human beings can
talk, which is correct as far as it applies to inhabitants of this planet.
My parents came from the planet you know as Venus about one
hundred of your years ago, and I myself was born here, in this
cavern!”
AT this amazing statement I must have registered a very ludicrous

astonishment, for my invisible captor gave a deep, throaty laugh and
continued: “It is too bad you cannot see yourself now, Mister Stan-lee
Murduck (that is about the way he pronounced it). You, too, would
laugh. You see, we are not without a sense of humor. I know your
head is seething with a conflicting tumult of thoughts. How did I know
your name? From the notebook you had in your shirt pocket. You
would no doubt be interested in my name. It is Oomlag-Tharnar-Illnag,
or Oomlag for short. You may call me that. I am sorry that I cannot let
you see my face just now, but we prepare all our involuntary visitors
with a little talk in the dark first, so that our intentions will be made
clear and they can better stand the shock of seeing us and our work.”
“Do you mean to tell me that other people have been brought here,
too?” I shuddered at the thought. “What do you want with us—with me
—and what becomes of us—‘involuntary visitors’?”
Again came the gurgling laugh.
“Oh, we have a certain very definite purpose with you. We would
not trouble to bring you here, unless we could make good use of your
services. We have only invited a very few visitors, but they are all
people of much more than ordinary intelligence, such as yourself, and
peculiarly fitted to aid us in our—ah, purpose.”
I realized fully my terrible position—talking in black darkness with a
madman who claimed that his parents came from Venus, that others
were associated with him in some sinister undertaking here in the
cavern, and that several other people had also been made prisoners,
for what unholy purposes I could not guess. The darkness and the
strength of my unwelcome host were against me. In despair, I was
now certain that my only hope was to draw him out in “a little talk,” and
perhaps thereby gain information to help me escape, or, by pretending
to be very eager to help him, to insinuate myself into his good graces
and catch him unaware at a favorable moment.
“YOU tell me,” I said, as casually as possible, “that your visitors are
allowed to see your work, but that before that event you prepare them
by a little explanatory lecture here in the dark to better withstand the
‘shock.’ Would it be presumptuous of me to ask why it should be a
shock to see you and your work?”
“Not at all,” came the voice of Oomlag. “But before I do that, you
should be enlightened further as to why you are here. In a way, you
are our slave, in the sense at least, that you will be compelled by us to
spend the next few years underground. However, if you cooperate
with us as I believe you will, you will be well treated and allowed to
roam around as you please. If, after things have been fully explained
to you, you do not prove agreeable and refuse to help, I can only say
that you will very soon change your mind.
“Now, if you will be kind enough not to interrupt me, I shall give you
a little discourse that you will probably not believe. No matter. You
have all, being earth creatures, been most skeptical about what is, to
your way of thinking, impossible. But at least try to follow me, and
when you do see us at work, you will be less apt to think it is all a
dream or that you have lost your reason.
“As I said before, we are from the planet you call Venus. For many
hundreds of years past we have been in a high state of civilization,
one as far superior to yours as yours is to that of the crudest cave-
man. We have developed certain scientific instruments and
discovered forces that enable us to do things scarcely dreamed of by
your scientists. Some of these things you will be shown in due time. It
is well that we have made the wonderful advance that we have, for it
has given us the secret of interplanetary flight, and in time to relieve
the pressure of our population. Fortunately, your earth is only a little
larger than ours, some 10%, and though almost half again as far away
from the sun, your atmosphere is even better suited to us than our
own. It is cooler and more stimulating. We were energetic enough as it
was, but here on your earth we are paragons of energy. After we have
conquered you and eventually exterminated you, as all your own
superior tribes have done to your own inferior ones, we shall be the
absolute masters of the two planets. With what we already know, plus
things we shall find out as we begin to expand, I know that our
population problem will not bother us again for untold centuries.
“After we have consolidated our position here, we intend to make an
expedition to the ruddy planet you call Mars. We do not intend to
settle, as conditions are not at all favorable for prolonged life there for
us; but we do intend to see that the Martian civilization is broken and
we ourselves secure from their menace. Though we cannot live
comfortably on their planet, they can on yours, so it is wise to crush
them as soon as possible, as they have a rather advanced civilization
and might outdo us later. As for the larger planets known to you, such
as Saturn, Neptune, and Uranus, and our smaller neighbor, Mercury,
they may be disregarded, some being populated by crude insect-like
creatures and others having only a low form of vegetation. Besides,
their mass alone would prohibit our survival, even as it would yours.
Though I weigh several pounds more here on your Earth than I would
on Venus, its only effect is to give a corresponding feeling of well-
being. Those who have come here direct, as my parents, say it is like
a man under weight getting his full quota of flesh; he feels stronger,
and he is stronger.”
THE creature paused, and I could hear his garments rustling. In spite
of the fact that I still thought I was dealing with a lunatic, I felt but little
fear. Though the strange throaty quality of his voice gave the words an
accent rather difficult to understand at times, his choice of English was
excellent and stamped him as a man with a splendid education.
Perhaps he was some professor of astronomy who had become
insane from overstudy, and was living his life underground, clever
enough to wrest a living by going at times to the outside world and
obtaining food somehow. Long familiarity with his habitat undoubtedly
explained his uncanny ability to get around in the dark, and sense my
position. And his rock camouflage—that was wonderfully clever. Yes, I
would rather deal with an intelligent man obsessed on one subject
than with a rambling, mumbling idiot. Could there be any truth about
others working with him? Hardly. Later he would probably point out an
imaginary series of tunnels and what not, firmly believing everything
was there. If I was diplomatic enough I might get him to show me the
entrance through which he had brought me, and then make a break
for freedom. . . .
My face must have betrayed my growing interest and lack of fear,
for Oomlag’s next remark indicated as much.
“What do you say now, Stan-lee?” he asked me, his garments still
rustling like strips of dry, hard leather rubbing against each other.
“Have I told you enough to make you realize how very much you are
in my power, and to make you wish to see the things I have
mentioned; or do you wish to ask questions about things I have
overlooked? Our Field General has communicated with me, wanting
to know if you are sufficiently enlightened. If you care to proceed now,
I shall give the signal and we may advance; but if you are still afraid
for your safety, further parley is your privilege.”
My mind was made up. Under the circumstances, there was only
one thing I could do—go with the fellow, and find out once for all
whether he was a lunatic or not. I could only hope I would not be
hurled into some pit in the darkness.

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Non-international armed conflicts in

international law Second Edition Yoram

Non-International Armed Conflicts in International Law

International law and armed conflict fundamental

English Grammar Exercises with answers Part 4 Your

Armed Conflict and Forcible Displacement Individual

International Law Text Cases and Materials Second

Drug Control and International Law (Routledge Research

Small Island States & International Law (Routledge

Cambridge International AS and a Level Law Second

This dispassionate analysis of the legal implications of non-international

  is a Member of the Institut de Droit International and

Cambridge University Press is part of the University of Cambridge.

3 Thresholds and Interaction of Armed Conﬂicts 53

4 Fighters, Civilians and LONIAC 76

5 Foreign Intervention in a NIAC 96

7 State Responsibility 150

8 The Principal LONIAC Treaty Provisions 173

9 Additional Treaty Texts 206

Due to their preponderance and intensity, non-international armed

* Y. Dinstein, War, Aggression and Self-Defence (6th ed., 2017).

Abella case (Argentina) (Inter-American Commission on Human Rights), 42–3

Bagosora et al., Prosecutor v. (ICTR, Trial Chamber), 18

Compagnie Générale des Asphaltes de France (Arbitration), 147

Esmukhambetov et al. v. Russia (ECHR), 300

Fofana et al., Prosecutor v. (SCSL, Appeals Chamber), 186–7, 196

Galić, Prosecutor v. (ICTY, Appeals Chamber), 76, 273

Hadžihasanović et al., Prosecutor v. (ICTY, Appeals Chamber), 60, 281

Iloilo Claims (Arbitration), 159

Jansen v. Mexico (Arbitration), 131

Kallon et al., Prosecutor v. (Decision on Jurisdiction) (SCSL, Appeals Chamber), 51,

LaGrand case (Germany v. US) (ICJ), 87

Marguš v. Croatia (ECHR, Grand Chamber), 262

Nicaragua, Case Concerning Military and Paramilitary Activities in and against

Ongwen, Prosecutor v. (ICC, Pre-Trial Chamber), 241

Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

Rankin (US) v. Iran (Iran–US Claims Tribunal), 163

Sakhanh case (Sweden, Stockholm District Court), 178–9

V., case of (Germany, Federal Supreme Court), 235

West (USA) v. Mexico (Arbitration), 157

Yeager (US) v. Iran (Iran–US Claims Tribunal), 152, 163

Resolution 688 (1991), 119–20

Statute of the ICTY, 1993, 228, 230

Resolution 217 (III)) [Universal Declaration of Human Rights], 305, 311–12

Dominican Republic, Egypt (Sinai Peninsula), El Salvador, Ethiopia, Fiji, Gambia,

Congruent language is used in Article 8(3) of the 1998 Rome Statute of

C. No NIAC jus ad bellum

Title: The vanguard of Venus

Author: Landell Bartlett

Release date: January 2, 2024 [eBook #72597]

Original publication: New York: Experimenter Publishing Company,

*** START OF THE PROJECT GUTENBERG EBOOK THE

Presented With the Compliments of

. . . . . we got into a pretty hot argument over it, too. Of course, I

N. B.—Touched up a bit, it might make good reading—in fact, I think

Your old, hard-headed cousin,

September 18, 1923.

TO WHOM THIS MAY CONCERN: