International Armed Conflicts | Categories of Armed Conflicts | International Humanitarian Law | PUBLIC INTERNATIONAL LAW

International Humanitarian Law (IHL) – Categories of Armed Conflicts

1. Categories of Armed Conflicts

In International Humanitarian Law (IHL), armed conflicts are generally categorized into International Armed Conflicts (IACs) and Non-International Armed Conflicts (NIACs). This distinction is crucial because the applicable legal regime depends on the type of conflict, with certain rules being stricter or more detailed in international armed conflicts.

a. International Armed Conflicts (IACs)

Definition: An International Armed Conflict is an armed conflict that occurs between two or more states. It is the classical form of armed conflict and is governed by a comprehensive body of rules, including the four Geneva Conventions of 1949 and their Additional Protocol I of 1977.

The scope of IAC is broad and includes both declared wars and any armed clash between states, regardless of whether the parties acknowledge a state of war. A single incident involving the use of force between two states, such as a border skirmish or a naval engagement, can trigger the application of IHL.

Sources of Law Governing IACs: The legal framework governing international armed conflicts is primarily found in the following sources:

1. Geneva Conventions of 1949:

   • Geneva Convention I: For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
   • Geneva Convention II: For the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea.
   • Geneva Convention III: Relative to the Treatment of Prisoners of War.
   • Geneva Convention IV: Relative to the Protection of Civilian Persons in Time of War.

2. Additional Protocol I (1977):

   • Supplementary to the Geneva Conventions, this protocol expands protections, particularly for civilians and combatants in international armed conflicts.

3. Customary International Law:

   • Customary IHL, as compiled by the International Committee of the Red Cross (ICRC), provides additional binding norms for states, even those not party to specific treaties.

4. Hague Regulations (1907):

   • The Hague Conventions of 1907 lay down rules concerning the conduct of hostilities, particularly regarding the means and methods of warfare.

Applicability: An international armed conflict exists whenever there is a resort to armed force between two or more states. There is no requirement that the conflict is declared or that the belligerents recognize the state of war. Even minor clashes can trigger the application of IHL rules.

Core Principles of IHL in IACs: The following are key principles of IHL applicable in international armed conflicts:

1. Distinction:

   • Parties must always distinguish between combatants and civilians. Only combatants and military objectives may be directly targeted; civilians and civilian objects are protected from attack unless they take a direct part in hostilities.

2. Proportionality:

   • Even if a legitimate military target is being attacked, the incidental loss of civilian life or damage to civilian property must not be excessive in relation to the anticipated military advantage gained.

3. Necessity:

   • The use of force must be limited to what is necessary to achieve a legitimate military objective. Superfluous injury and unnecessary suffering must be avoided.

4. Humanity:

   • Inhumane treatment, such as torture, inhumane acts, and degrading treatment of individuals, is strictly prohibited.

Who is Protected: In IACs, the Geneva Conventions and Additional Protocol I protect a wide range of individuals:

1. Combatants:

   • Lawful combatants have the right to participate in hostilities and, if captured, are entitled to prisoner-of-war status under the Third Geneva Convention.

2. Civilians:

   • Civilians are protected from the effects of hostilities unless they take a direct part in the conflict. Civilians who are not taking part in hostilities are granted specific protections under the Fourth Geneva Convention.

3. Wounded and Sick:

   • The wounded and sick, whether military or civilian, are to be cared for without adverse distinction.

4. Prisoners of War (POWs):

   • Captured members of the armed forces must be treated humanely and are protected from violence, intimidation, insults, and public curiosity. They are also entitled to fair trials for any crimes they may be accused of.

5. Detainees:

   • Civilians in the hands of the enemy are also protected against arbitrary detention and must be treated humanely.

Means and Methods of Warfare: In international armed conflicts, the use of certain means and methods of warfare is restricted:

1. Weapons Prohibited under IHL:

   • Certain weapons that cause unnecessary suffering or that have indiscriminate effects are prohibited. These include biological weapons, chemical weapons, anti-personnel mines (under the Ottawa Treaty), and certain types of explosive remnants of war.

2. Targeting Rules:

   • The parties to the conflict must ensure that their military operations are directed only at lawful military objectives. Civilian objects such as homes, schools, and hospitals are protected unless they are being used for military purposes.

3. Sieges and Blockades:

   • While these are permitted, the methods used in sieges and blockades must not cause undue suffering to civilians. Starvation of civilians as a method of warfare is explicitly prohibited under Protocol I.

End of Hostilities: The cessation of hostilities in an international armed conflict does not necessarily terminate the application of IHL. The obligations under IHL, particularly regarding the treatment of prisoners of war and the protection of civilians, may continue until all detainees are released and all combatants have been repatriated.

War Crimes: Violations of IHL during international armed conflicts constitute war crimes. These include but are not limited to:

1. Willful killing of civilians.
2. Torture or inhumane treatment, including biological experiments.
3. Willfully causing great suffering or serious injury to body or health.
4. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

These crimes are subject to universal jurisdiction, meaning that any state can prosecute individuals accused of war crimes, regardless of where the crimes occurred or the nationality of the perpetrator.

Recent Developments in International Armed Conflicts:

• The scope of IHL governing IACs has also expanded to include wars of national liberation. Under Additional Protocol I, conflicts where peoples are fighting against colonial domination, alien occupation, or racist regimes in the exercise of their right to self-determination are considered international armed conflicts.

• Moreover, there has been increasing recognition of the role of non-state actors in international conflicts, particularly in cases where these actors operate with state sponsorship or control. However, non-international armed conflict law often applies to such actors unless they can be classified under the rules of IAC.

In sum, the legal regime governing international armed conflicts is well-established and rooted in both treaty law and customary international law. It is designed to regulate the conduct of hostilities, protect non-combatants, and ensure humane treatment of all those affected by conflict. The Geneva Conventions, along with their Additional Protocols, remain the bedrock of the legal framework, ensuring a comprehensive approach to safeguarding human dignity even in times of war.