reading about anti-Apartheid lawyering on behalf of ANC death row guerrillas in 70s/80s, and attempts to frame them as POWs to prevent the death penalty, it's even more striking to me how destructive Common Article 3's tolerance towards the death penalty really was.
and the Protocols' turn towards recognizing resistance against racist regimes as an int armed conflict enabled anti-Apartheid lawyers to develop arguments on behalf of death row ANC guerrillas to protect them against the death penalty by framing them as POWs.
it's one example of how Western critiques of the Protocols' rhetorical battles around decolonization miss a point - of how Art 1 (4) could enable anti-racist legal arguments on behalf of subaltern activists.
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