8/25/2023 0 Comments What is national armed conflict ?![]() Military necessity is the justification of measures necessary to achieve a military goal, provided these measures comply with international humanitarian law. Humanity, as a cornerstone of IHL, represents the imperative during conflict to alleviate suffering and save lives, and to treat humanely and respectfully each individual. Once there is an armed conflict IHL applies to all the parties, whether or not a party was legally justified in using force under jus ad bellum principles.Īt its core IHL represents a balance between military necessity and humanitarian considerations in the context of conflict. It regulates the conditions under which force may be used, namely in self-defense and pursuant to UN Security Council authorization. This framework is known as the jus ad bellum, and is enshrined in the UN Charter. It is distinct from, and applies irrespective of, the body of law that regulates the recourse to armed force. IHL regulates activity during armed conflict and situations of occupation. IHL is notable in this regard, as it recognizes obligations for both States and non-State armed groups that are parties to an armed conflict. It has evolved, however, to cover a broad range of actors. The framework traditionally regulated relationships only between States. Public international law is a broad set of treaties, customary law, principles and norms. IHL is a part of public international law. The right of parties to an armed conflict to choose methods and means of warfare is not unlimited.Persons who are not, or are no longer, participating in hostilities must be protected and.As a set of rules and principles it aims, for humanitarian reasons, to limit the effects of armed conflict.įundamental to IHL are the following two principles: International humanitarian law (IHL), also known as the laws of war or the law of armed conflict, is the legal framework applicable to situations of armed conflict and occupation. KEY INTERNATIONAL HUMANITARIAN LAW INSTRUMENTS.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. 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. 35-67īYRON Christine, “Armed Conflicts: International or Non-International?”, in Journal of Conflict and Security Law, Vol. 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. 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 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 United States, Status and Treatment of Detainees Held in Guantanamo Naval Base ( Parts I. ICJ, Democratic Republic of the Congo/Uganda, Armed Activities on the Territory of the Congo ( Paras. 87-162)Ĭase Study, Armed Conflicts in the Great Lakes Region (Part 3. A.)Ĭase Study, Armed Conflicts in the former Yugoslavia (26) Israel, Applicability of the Fourth Convention to Occupied Territories
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