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International Humanitarian Law, (Lecture 15)- Distinction between international and non international armed conflict
The document discusses the distinctions between international armed conflicts (IAC) and non-international armed conflicts (NIAC), outlining definitions, historical examples, and the legal frameworks governing these conflicts under international humanitarian law (IHL). It emphasizes that IAC involves armed force between states, while NIAC occurs within a state involving government forces and organized armed groups. Additionally, it highlights the differences in legal protections and the status of combatants in both types of conflict.
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Overview of the IHL Lecture Series.
Discussion on armed conflicts, defining International Armed Conflicts (IAC) through legal perspectives.
Various historical examples of IAC, including significant wars such as the Korean and Vietnam Wars.
NIAC described as violence involving organized groups and government, including civil wars with foreign involvement.
Clarification of conditions where conflicts may become internationalized and how external factors play a role.
Core distinctions between IAC and NIAC, focusing on parties involved and legal implications.
Humanitarian law's role in protecting non-combatants and basic standards during all types of conflicts.
Closing remarks and appreciation for audience engagement.
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International Humanitarian Law, (Lecture 15)- Distinction between international and non international armed conflict
- 3.
- 4. Hostilities betweenarmed forces or the use of armed force by one state against the territory of another. It may also be in the form of confrontation between the government and a rebel movement.
- 5. It isalso defined as a situation in which violence or military force is threatened or used. Generally it is a contest between two opposing sides.
- 6. Any differencebetween two or more states leading to intervention of the members of the armed forces gives rise to an international armed conflict (IAC).
- 7. GENEVA CONVENTIONSUSE THE TERM ‘ DECLARED WAR OR OF ANY OTHER ARMED CONFLICT BETWEEN TWO OR MORE OF THE PARTIES TO THE CONVENTION AND ADDITIONAL PROTOCOL I.’ In many cases, the state of war is not recognized by the parties.
- 8. ICTY inProsecutor v. Tadic held that an IAC exists whenever there is a resort to armed force between states.
- 9. Law ofIAC applies from the first moment that force is used by one state against another state. The existence of an IAC is a question of fact and is independent of the subjective view of the parties to the armed conflict.
- 10. IHL regulates,and as a rule applies in times of, armed conflicts. Accordingly, it is also referred to as the law of armed conflict or jus in bello.
- 11. Invasion Assault Artillery bombardment, or Air raid by one state against another
- 12. Korean war( 1950-53) Vietnam war ( 1959-75) Iran – Iraq war (1980-88) Falkland war (1982) Arab Israel conflicts South African Border war (1966-90)
- 13. It isa situation of protected armed violence between governmental authorities and organized armed groups or between such armed groups within a state.
- 14. may takethe form of a civil war with foreign involvement or provocation, but without the foreign state’s resort to the classic acts of war.
- 15. Afghanistan DRC Iraq Libya Mexico Nigeria Pakistan Sudan Syria Ukraine
- 16. On oneside, are the army and national law enforcement apparatus. On the other, are the individuals and dissidents or non state armed groups, who are more or less organized and usually considered criminals by national law.
- 17. NIAC maydenote very diverse situations. Such conflict feature a very strong, political, legal and military asymmetry.
- 18. Third stateintervention will not necessarily change the non- international character of an armed conflict, if it is performed on invitation by the government of the territorial state. This principle applies also to multi-national armed forces intervening on the side of a host state.
- 19. IAC includessituations in which people are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self determination as enshrined in the UN Charter and principles of international law. AP I Art 96 refers.
- 20. When notall parties to the conflict are sovereign state, in such cases, law of IAC applies.
- 21. The conflictmay be internationalized when military operations are conducted against a transnational group acting on behalf of a foreign state, such as the Taliban in Afghanistan.
- 22. IAC occurswhen one or more states resort to the use of armed force against another state. An Armed conflict between a state and an international organization is also classified as an IAC. On the other hand, for the hostilities to be considered as NIAC they must reach a certain level of intensity and the groups involved must be sufficiently organized.
- 23. NIAC arearmed confrontations that takes place within the territory of a state between the government on the one hand and armed insurgent groups on the other hand. The other possibility is crumbling of all government authority in the country in which various groups fight each other in struggle for power.
- 24. IAC seesthe opposition of armed forces of states. In NIAC, at least one of the two opposing sides is a non state armed group. In some cases, NIAC may not witness involvement of any foreign troops.
- 25. GCs applyin case of IAC, whereas basic protection is provided in NIAC by the Common Article 3 (CA-3). NIAC which is governed/regulated by CA 3 and AP II provide fewer protections during such conflicts than what the GCs do for IAC. Criminal liability for prosecution of war crimes is attracted only in case of violations committed in IAC.
- 26. Another pivotalexample of difference is the absence of combatant status, which entails right to participate directly in hostilities AP I Art 43(2), and is the precondition for the status of POW. AP I Art 44 (1)
- 27. The rightto participate in hostilities is generally limited to combatants of a state who meet the requisite elements. In NIAC, fighters cannot claim status as POW, neither are their actions exempt from criminal prosecution.
- 28. The distinctionbetween IAC and NIAC rests on the question who the parties to the conflict are. The fact that an NIAC is not limited to the territory of a single state does not mean that it is to be considered IAC.
- 29. CA 3,whose text is repeated in all four GCs is the only part of the Conventions that applies explicitly to internal armed conflicts. It sets forth the minimum protections and standards of conduct to which the state and its armed opponents must adhere.
- 30. Irrespective ofthe type of conflict, humanitarian law endeavors to render protection to those not taking part and also those no more capable of taking part in the armed conflict.
- 31.