International Humanitarian Law Lecture 10 - Definition & Relevance of The Term 'Armed Conflict'

International Humanitarian Law is only applicable in situations of armed conflict. Hence, the various types and nature of armed conflict need to be understood which is the purpose of this presentation.

1. DEFINITION & RELEVANCE OF THE TERM ‘ARMED CONFLICT’

2. PRESENTATION BY Major General Nilendra Kumar President, Akhil Bhartiya Vidhi Pradhaypak Sangam

3. War and Armed Conflict: A Conceptual Understanding

4. DEFINITION Any difference between two or more states leading to intervention of the members of the armed forces. Cases of declared war are some examples of armed conflicts.

5. ARMED CONFLICT REACH It incorporates all instances of declared war , as well as any and all other engagements between states where armed forces are used.

6. ARMED CONFLICT CONTOURS This may take the form of a declared war or any other armed conflict between two or more States.

7. PERMISSIBILITY SOURCE Charter of the UN in Articles 2 & 51.

8. ARTICLE-2 All members shall refrain in their international relations from threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purpose of the United Nations.

9. ARTICLE 51 Nothing in the present Chapter shall impair the inherent right of individual self-defence if an armed attack occurs against a member of the United Nations.

10. SIGNIFICANT ASPECTS Armed Force of one State deployed against the territory of the other. Why force was used and its justification is of little consequence. It may or may not be a case of naked aggression . Resistance by the other is also not a consideration.

11. TWO WAYS TO LOOK AT WAR The reason you fight; and How you fight

12. Jus ad Bellum This deals with the legitimate reasons a State may engage in war.

13. Jus in Bello This branch of law comes into effect once a war has begun . It regulates how wars are fought.

14. Jus ad Bellum and Jus in Bello are completely independent of one another.

15. TWO SOURCES OF THIS BRANCH Customary Law based on recognized practices of war. Treaty Law ( eg . Hague Regulations of 1899 and 1907)

16. Jus in Bello This branch is called by some experts as IHL whereas some others call it as the Law of War. These set of laws come into effect once a war has begun.

17. IHL recognized three types of Armed conflicts 1. International Armed Conflict. Ref in GC C ommon Article 2. This is between the Armed Forces of two different States eg . North Korea and South Korea.

18. INTERNATIONALIZED ARMED CONFLICT This is of relevance in situations of a war between two different factions fighting internally but supported by two different States; eg . Conflict in DRC when forces from Rwanda, Angola, Zimbabwe and Uganda intervened to support various groups.

19. NON INTERNATIONAL ARMED CONFLICT In this one of the parties is non governmental in nature. C ommon Article 3 to GC applies.

20. A situation can evolve from one type of armed conflict to another, depending on the facts prevailing at a certain moment.

21. Situations may at times create confusion as to the legal applicable legal regime, e.g., Israel and Lebanon war, and conflict in the former Republic of Yugoslavia.

22. The above does not apply to other forms of violence such as riots, isolated and sporadic acts of violence, including skirmishes and clashes.

23. IHL consists of international treaty or customary rules that are specifically meant to resolve humanitarian issues arising directly from armed conflict, whether of an international or a non-international character.

24. CUSTOMARY LAW These are rules emerging from state practice and followed out of a sense of obligation.

25. ANY QUESTIONS?

26. CONCLUSION Direct military intervention is sufficient to internationalize an otherwise internal conflict. It has also become difficult to identity the law applicable in modern conflicts due to changing nature of conflicts.

27. THANK YOU

28. @ COPYRIGHT Major General Nilendra Kumar