Legal Gaps in Times of New Wars

War is a ubiquitous and dynamic social phenomenon subject of many international legal rules. International Humanitarian Law (IHL), the purpose of which is to regulate the conduct of war, was developed for interstate traditional wars rather than new wars, conflicts with particular features such as the presence of armed non-state actors, transboundary territorial scope and unlawful methods of war. This thesis will address the (in)adequacy of current IHL rules to deal with new wars. The core principles of IHL, combined with norms found outside of IHL’s legal body, such as International Criminal Law and the Responsibility to Protect (both of which revolved around violations of IHL that amount to war crimes) can aid IHL’s implementation and enforcement to new wars. The principle of humanity, applied through the Martens Clause, is still the most relevant mechanism to update IHL and fulfill its gaps without requiring the creation of new provisions.LL.M