Classification of Conflicts in International Humanitarian Law: The Legal Impact of Foreign Intervention in Civil Wars Noam Zamir (Edward Elgar Publishing, 2017, 260 pp)

2018 ◽  
Vol 35 (1) ◽  
pp. 238-242
Author(s):  
Clementine Rendle
Author(s):  
Akande Dapo

This chapter provides an overview of the rules by which situations of violence are classified as international armed conflicts (IACs) or non-international armed conflicts (NIACs) for the purposes of international humanitarian law. The chapter commences with an examination of the history of the distinction between these two types of conflict. It then considers the consequences of the distinction and whether it still has validity. The chapter then discusses legal concepts relevant to the two categories, and examines the criteria for the existence of IACs and NIACs. The final sections of the chapter turn to the situations where it is most difficult to classify situations of violence: cases of foreign intervention in internal conflicts; conflicts in which multinational forces are engaged; and transnational conflicts between a state and a non-state armed group.


2021 ◽  
Author(s):  
Subira Onwudiwe

A civil war marked by the intervention of foreign military troops is known as an internationalized non-international armed conflict.' This type of armed conflict happens often and presents a number of issues of concern to international lawyers. The scope of this article is confined to the application of international humanitarian law in such circumstances, and it does not address the validity of foreign involvement in a civil war. In civil conflicts involving foreign intervention, the sides seldom agree on the facts or their interpretation. As a result, this article is dependent on certain factual assumptions, assumptions for which evidence cannot always be provided.


Author(s):  
Eian Katz

Abstract Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.


2020 ◽  
Vol 37 (2) ◽  
pp. 119-141
Author(s):  
국제인도법상 무력충돌의 분류를 위한 사이버 공격의 귀속 연구 Shin

Author(s):  
Kubo Mačák

This chapter considers the normative underpinnings of the present-day regulation of combatancy. It argues that a wholesale denial of combatant status to fighters in internationalized armed conflicts would be incongruous with the principles of distinction and equal application of the law. The chapter then considers specific objections against the extension of combatant status to non-state actors from the perspective of internationalized armed conflicts. It argues that although some of the objections carry certain weight in the context of traditional civil wars, their effect in internationalized armed conflicts is significantly weaker. The chapter thus shows that in principle, the availability of combatant status to fighters in internationalized armed conflicts is in accordance with the normative underpinnings of International Humanitarian Law.


Author(s):  
Vasuki Nesiah

This chapter compares and contrasts the successes and failures of “conflict mapping” in international humanitarian law (IHL) and international conflict feminism (ICF), a phrase the author uses to refer to feminist initiatives aimed at strengthening international law and policy’s response to women’s experiences. The chapter begins by describing the IHL regime for classification of forms of conflict and the consequences of these stratifications on conflict resolution. It addresses the strategies of ICF, and the challenge it brings to the conflict maps of IHL for not adequately addressing women’s specific needs. The chapter then questions the conflict maps of ICF. It demonstrates the ways in which ICF’s approach to gender, while commendable, can also be simplistic and inadequate.


2016 ◽  
Vol 29 (3) ◽  
pp. 827-852 ◽  
Author(s):  
VAIOS KOUTROULIS

AbstractThis article examines several questions relating to international humanitarian law (jus in bello) with respect to the conflicts against the Islamic State. The first question explored is the classification of conflicts against the Islamic State and the relevant applicable law. The situation in Iraq is a rather classic non-international armed conflict between a state and a non-state actor with third states intervening alongside governmental forces. The situation in Syria is more controversial, especially with respect to the coalition's airstrikes against the Islamic State on Syrian territory. If the Syrian government is considered as not having consented to the coalition's operations, then, according to this author's view, the coalition is involved in two distinct armed conflicts: an international armed conflict with the Syrian government and a non-international armed conflict with the Islamic State. The second question analyzed in the article bears on the geographical scope of application of international humanitarian law. In this context, the article examines whether humanitarian law applies: in the entire territory of the state in whose territory the hostilities take place, in the territories of the intervening states, and in the territory of a third state.


Co-herencia ◽  
2021 ◽  
Vol 18 (34) ◽  
pp. 157-192
Author(s):  
Maria Paula Espejo

Drug-trafficking in Colombia has been a widely researched phenomenon, especially now, as the country undergoes a transition process with its older guerrilla. Now more than ever it is fundamental to examine how drug-trafficking organizations violent activities affect the consolidation of peace. This article considers different approaches to study violence derived from drug-trafficking, in order to advance towards the objectives of transitional justice. For that matter, this work is based on the idea that drug-trafficking directly generates and reproduces violence which is fueled by the structural violence present in the Colombian context. My thesis is that this phenomenon deters non-repetition guarantees and weakens democracy, which is why there will be three main arguments presented that will revolve around the lack of consensus and the implications of considering drug wars as civil wars, how decisions related to the conceptual apprehension limit the competence of international humanitarian law, and the need for holistic strategies capable of facing drug-trafficking’s political and violent power. Later, alternatives will be explored around the possibilities that each argument offers, as well as which aspects could contribute to a more appropriate approach to combat drug-trafficking. Lastly, I will defend why implementing bottom-up oriented actions can advance towards transitional justice’s intermediate and final objectives, as it is the only alternative that escapes fatalist, utopian or interventionist scenarios.


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