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In his conclusions, Schulte finds that most asymmetric conflict constellations can be subsumed under the existing legal framework of ius ad bellum and ius in bello. Asymmetric conflict constellations tend to be complex and existing international law has not been drafted with these complex constellations in mind. However, Schulte emphasizes that the regime in place is sufficient to deal with the challenges posed by modern asymmetric conflicts and that the framework is adequate and effective (331). He does suggest that a more homogenous state practice would help to create legal certainty (334). Apparently, for the time being, such a more homogenous state practice seems wishful thinking. All summed up, and the above criticisms aside, Schulte, in his book, gives an interesting overview of the legal regime governing asymmetric conflicts. "Asymmetrische Konflikte" is a solid study where it analyses the status and rights of states and non-state actors in asymmetric armed conflicts. However, it is not always entirely convincing in passages where the author appears to have worked rather cursorily. Some of the conclusions are debatable, but that is the nature of most of the law of armed conflict. Ultimately, this does not take too much away from this
Max Planck Yearbook of United Nations Law Online – Brill
Published: Jan 1, 2013
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