Discuss why the law of armed conflict was not able to respond adequately to the phenomenon of the little green men who participated in the violence in Ukraine in 2014

Discuss why the law of armed conflict was not able to respond adequately to the phenomenon of the little green men who participated in the violence in Ukraine in 2014

The law of armed conflict was not able to respond adequately to the phenomenon of the ‘little green men’ who participated in the violence in Ukraine in 2014. Discuss.

Questions:

Article – Reeves and Wallace

  1. Who were the ‘little green men’?
  2. In what conflict were they involved? How would you ‘qualify’ that conflict and why?
  3. Assuming there was an international armed conflict, were the little green men ‘combatants’:
    o a) for the purposes of GC III, Article 4A(1)?
    o b) for the purposes of GC III, Article 4A(2)?
    o c) for the purposes of AP I Article 43(1)?
    o d) for the purposes of AP I Article 44(3)
  4. What are the various consequences for the ‘little green men’ if they are ‘combatants’?
  5. What are the various consequences for the ‘little green men’ if they are not ‘combatants’?
  6. For the purposes of distinction, did the little green men adequately distinguish themselves?
    Can they target/be targeted? What did the authors think?
  7. Assuming there was a NIAC between Ukrainian military, the separatists and Ukrainian nationalists what special legal status did:
    o a) the ‘separatists’ hold and what special protections do they get?
    o b) the Ukrainian military hold and what special protections did they get?
    o c) the Ukrainian nationalists hold and what special protections did they get?
  8. If there is doubt over the status of an individual as combatant, fighter or civilian, how should they be classified?

Answer preview for Discuss why the law of armed conflict was not able to respond adequately to the phenomenon of the little green men who participated in the violence in Ukraine in 2014

Discuss why the law of armed conflict was not able to respond adequately to the phenomenon of the little green men who participated in the violence in Ukraine in 2014

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