ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book describes the laws of distinction in both International Armed Conflicts and Non-international Armed Conflicts, highlighting the areas of controversy and the places where the law is problematic. It contains an in-depth exploration of the principle of distinction, setting out the content of the law that is critically analysed throughout this work. The book discusses new wars, locating African conflicts within this theoretical categorisation, considering the gendered aspects of new wars as well as their tricky relationship with international humanitarian law (IHL). It highlights the difficulties in making such classifications and illustrates how few women actually fit within the law's narrow categorisations. The book highlights the practical and legal difficulties in making such a classification in new wars, illustrating how this preliminary step is in fact a step that often cannot properly be made.