VITE Sylvain, “Typology of Armed Conflicts in International Humanitarian Law: Legal Concepts and Actual Situations”, in IRRC, Vol. VERHOEVEN Sten, “International and Non-International Armed Conflicts”, in Institute for International Law K.U. SCHINDLER Dietrich, “The Different Types of Armed Conflicts According to the Geneva Conventions and Protocols”, in Collected Courses, Vol. SASSÒLI Marco, “The Legal Qualification of the Conflicts in the former Yugoslavia: Double Standards or New Horizons for International Humanitarian Law?”, in WANG Tieya & YEE Sienho (eds), International Law in the Post-Cold War World: Essays in Memory of Li Haopei, Routledge, London, 2001, pp. No formal declaration of war or recognition of the situation is required. 63-90.ĬRAWFORD Emily, “Blurring the Lines Between International and Non-International Armed Conflicts: The Evolution of Customary International Law Applicable in Internal Armed Conflicts”, in Australian International Law Journal, Vol. An international armed conflict occurs when one or more States have recourse to armed force against another State, regardless of the reasons or the intensity of this confrontation. 35-67īYRON Christine, “Armed Conflicts: International or Non-International?”, in Journal of Conflict and Security Law, Vol. Tadic Part A., paras 67-70 and 96 Part E., paras 37-100 ICTY, The Prosecutor v. Syria, Syrian rebels treat captured Filipino soldiers as 'guests'Ĭentral African Republic/Democratic Republic of Congo/Uganda, LRA attacksĮCCC, Detention Sites in Cambodia BIBLIOGRAPHIC RESOURCESīARTELS Rogier, “Timelines, Borderlines and Conflicts: the Historical Evolution of the Legal Divide between International and Non-International Armed Conflicts”, in IRRC, Vol. ICRC, ' How is the Term 'Armed Conflict' Defined in International Humanitarian Law ', 2008 CASES International Law Commission, Articles on State Responsibility Part A., Art 8 and Commentary ICTY, The Prosecutor v. Germany, Aerial Drone Attack in Mir Ali/Pakistan Spain, Universal Jurisdiction over Grave Breaches of the Geneva Conventions Italy, Use of force against ambulances in Iraq that only the law of international armed conflict applies. ICRC, International Humanitarian Law and the challenges of contemporary armed conflicts in 2015 Georgia/Russia, Independent International Fact-Finding Mission on the Conflict in South Ossetia (Para. Georgia/Russia, Human Rights Watch’s Report on the Conflict in South Ossetia Out of this totality, 296 armed groups were located in Africa (about half the number), and 132 in the Middle East. United States, Status and Treatment of Detainees Held in Guantanamo Naval Base ( Parts I. In 2020, for its internal purposes and relying on the purely operational definition, the ICRC identified 614 armed groups of humanitarian concern to the organization globally. ICJ, Democratic Republic of the Congo/Uganda, Armed Activities on the Territory of the Congo ( Paras. This principle, which is recognized in both international armed conflict (IAC) and non- international armed conflict (NIAC), establishes that the parties to a conflict must distinguish between combatants and civilians who are not taking a direct part in hostilities and direct their operations only against combatants.2In establishing the meaning. 87-162)Ĭase Study, Armed Conflicts in the Great Lakes Region (Part 3. A.)Ĭase Study, Armed Conflicts in the former Yugoslavia (26) ![]() Further considerations of substantive aspects of a single law of armed conflict will be essential in the development of greater humanitarian protection during internationalized armed conflict.Israel, Applicability of the Fourth Convention to Occupied Territories Moreover, the international/non-international dichotomy in international humanitarian law has proved susceptible to incredible political manipulation, often at the expense of humanitarian protection. Even once internationalized, it is difficult to determine the applicable law as relationships and military presences change. It concludes that the law developed to determine this “internationalization” has created convoluted tests that in practice are near impossible to apply. ![]() This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. Abstract The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticised.
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