Non-international armed conflicts

Legal Challenges in the Provision of Humanitarian Assistance The Case of Non-international Armed Conflicts. 

The Post-Second World War Rise of Non-international Armed Conflicts and Wars of National Liberation, and the Move Away from Symmetric/lnternational... 

The Current Legal Framework for the Provision of Humanitarian Assistance in a Non-international Armed Conflict... 

As to the situations covered, it has already been pointed out that the Geneva Protocol only applies to international armed conflicts. In contrast, it is debatable whether the parallel prohibition of chemical warfare in customary international law was and is applicable to non-intemational armed conflicts. Today, States Parties to the CWC clearly state that they will never under any circumstances use chemical weapons. This not only includes international and non-intemational armed conflicts, but it goes far beyond these situations. Rather, the only situations excluded from the prohibition are situations of law enforcement including domestic riot control purposes , as mentioned in Article II, para 9, CWC. This provision only applies to riot control agents, which— as can be taken from Article I, para 5, CWC— are explicitly outlawed as a method of warfare . Thus, the prohibition of use is comprehensive in terms of situations covered, with the only exception of the use of riot control agents for purposes of law enforcement (including riot control). 

While the Chamber s conclnsions on the general prohibition of chemical warfare in non-intemational armed conflict are convincing and in line with the ICRC s cnstomary international law stndy, the Chamber fails to present equally convincing argnments on the inclnsion of snch a prohibition in international criminal law. ... 

Keywords Law of armed conflict International armed conflict Non-intemational armed conflict Asymmetric warfare Guerrilla warfare Soft law... 

This chapter examines the changing methods of warfare over the last 100 years, how the law has adapted to respond to these changing methods, and whether the law as it exists in 2014 is still consonant with armed conflict as it exists in 2014. Over the last century, the preponderant type of armed conflict—international armed conflict— has given way to non-intemational, transnational, and internal armed conflicts. These newly predominant types of armed conflict have also brought with them new participants, new tactics, and new targets. The law of armed conflict has attempted to keep pace with these developments, adopting new... 

The Second World War and the Law of International and Non-intemational Armed Conflicts... 

The last 100 years has proven immensely challenging for the law of armed conflict. Technology has profonndly changed the means and methods of warfare, and international law has become increasingly involved in regulating non-intemational armed conflicts. The bulk of the written law of armed conflict, structured as it is... 

Decrey Warner E (2013) Engaging with non-state armed groups lessons learned. 36th round table on current issues of international humanitarian law, respecting IHL challenges and perspectives. Institute of international humanitarian law, San Remo, 5-7 Sept 2013. http //www.iihl.org/iihl/Documents/DECREY-WARNER.pdf. Accessed 11 April 2013 Dinstein Y (2010) The conduct of hostilities under the law of international armed conflict, 2nd edn. CUP, Cambridge... 

Apart from the individual criminal responsibility, when there is a breach of an international obligation, a State becomes immediately nnder the obligation to cease the breach and make Ml reparation for the injury caused by such breach. The obligations to bear responsibility and make full reparation, including compensation, for breaches of IHL are explicitly provided for in the 1907 Hague Convention, Geneva Conventions and Protocol I, which have also now become part of cnstomary international law applicable to both international and non-intemational armed conflict. ... 

Sassbli M, Olson LM (2008) The relationship between international humanitarian and human rights law where it matters admissible killing and internment of fighters in non-intemational armed conflicts. IRRC 90(871) 599-627... 

Notably, despite the growing convergence of the laws of international armed conflict and those of non-intemational armed conflict, the distinction persists with respect to the law of occupation, which has not been extended to situations of internal conflict." This is particularly interesting in view of the fact that much of the early law of occupation originated in the US Civil War, which, notwithstanding... 

See Toman 1996, pp. 213-215. The Second Protocol now makes no distinction between international and non-intemational armed conflicts (see Article 3(1)). 

Part n deals with the case of cultural property coming from the territory of one Contracting Party and deposited in the territory of another Contracting Party for the purpose of protecting the property from the dangers of armed conflict. Such property must be returned by the latter Contracting party to the competent authorities of the territory from which it came at the end of hostilities. Unlike Part I, which applies to property exported in the course of occupation by a State of the territory of another which would constitute an international armed conflict. Part n applies to both international and non-intemational armed conflicts. It would also apply to property sent to another country for safe keeping before the outbreak of hostilities. Property transferred under this provision must be returned from the competent authorities of the territory from where it came at the close of hostilities. 

Article 8 confers jurisdiction on the International Criminal Court for War Crimes . This includes under Article 8(2)(b)(ix) (international armed conflicts) and under Article 8(2)(e)(iv) (non-intemational armed conflicts) intentionally directing attacks against buildings dedicated to rehgion, education, arts, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected provided they are militeuy objectives . 

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