Political and Public International Law › Public International Law › International Humanitarian Law › Categories of Armed Conflict
a. International Armed Conflict
Armed Conflict v. War
| ARMED CONFLICT | WAR |
| Today, an international armed conflict is presumed to exist as soon as a State uses armed force against another State, regardless of the reasons for or intensity of the confrontation, and irrespective of whether a political state of war has been formally declared or recognized. | Traditionally, States expressed their belligerent intent (animus belligerendi) through formal declarations of war, which, ipso facto, created a political state of war and triggered the applicability of the law of war (jus in bello) between them, even in the absence of open hostilities. |
Armed Conflict v. War
| ARMED CONFLICT | WAR |
| Today, an international armed conflict is presumed to exist as soon as a State uses armed force against another State, regardless of the reasons for or intensity of the confrontation, and irrespective of whether a political state of war has been formally declared or recognized. | Traditionally, States expressed their belligerent intent (animus belligerendi) through formal declarations of war, which, ipso facto, created a political state of war and triggered the applicability of the law of war (jus in bello) between them, even in the absence of open hostilities. |
International Armed Conflicts (IAC)
An international armed conflict occurs when one or more States have recourse to armed force against another State, regardless of the reasons or the intensity of this confrontation. No formal declaration of war or recognition of the situation is required.
The existence of an international armed conflict, and as a consequence, the possibility to apply IHL to this situation, depends on what actually happens on the ground. It is based on factual conditions. (ICRC)
General Rule: Under Article 2(4) of the UN Charter, all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Exception: Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. (UN Charter, art. 51
International Armed Conflicts (IAC)
An international armed conflict occurs when one or more States have recourse to armed force against another State, regardless of the reasons or the intensity of this confrontation. No formal declaration of war or recognition of the situation is required.
The existence of an international armed conflict, and as a consequence, the possibility to apply IHL to this situation, depends on what actually happens on the ground. It is based on factual conditions. (ICRC)
General Rule: Under Article 2(4) of the UN Charter, all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Exception: Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. (UN Charter, art. 51
Anticipatory Self Defense
Article 51 of the UN Charter recognizes the inherent right of States to self-defense if an armed attack occurs.
Anticipatory Self Defense
Article 51 of the UN Charter recognizes the inherent right of States to self-defense if an armed attack occurs.
Collective Self-Defense
Before a State can be justified in assisting another by way of collective self -defense:
- A State must have been the victim of an armed attack;
- That State must declare itself as a victim of an armed attack. Its declaration does not conclusively establish that an armed attack occurred. A third State cannot exercise a right of collective self-defense based on that third State’s own assessment;
- In the case of collective self-defense, the victim State must request for assistance. (U.S. v. Nicaragua, ¶232, Jun. 27, 1986)
Collective Self-Defense
Before a State can be justified in assisting another by way of collective self -defense:
- A State must have been the victim of an armed attack;
- That State must declare itself as a victim of an armed attack. Its declaration does not conclusively establish that an armed attack occurred; whether one occurred is an objective legal question. A third State cannot exercise a right of collective self-defense based on that third State’s own assessment;
- In the case of collective self-defense, the victim State must request for assistance. (U.S. v. Nicaragua, ¶232, Jun. 27, 1986)
Self Defense v. Just War
| SELF-DEFENSE | JUST WAR |
| It refers to the use of force to repel an attack or imminent threat of attack directed against oneself or others or a legally protected interest. Self-defense in international law refers to the inherent right of a State to use of force in response to an armed attack. (ICRC) |
Even when a State may lawfully resort to force, its use of force must satisfy the requirements of necessity and proportionality; its conduct of hostilities must also comply with IHL. |
Internationalized Armed Conflict
An internationalized armed conflict refers to an internal conflict that had become internationalized because of external support. An NIAC becomes internationalized when another State has overall control over an organized armed group, which is going beyond the mere financing and equipping of such forces and involving also participation in the planning and supervision of military operations. (Prosecutor v. Tadić)
Internationalized Armed Conflict
An internationalized armed conflict refers to an internal conflict that had become internationalized because of external support. An NIAC becomes internationalized when another State has overall control over an organized armed group, which is going beyond the mere financing and equipping of such forces and involving also participation in the planning and supervision of military operations. (Prosecutor v. Tadić)
Authorities
- Prosecutor v. Tadić
- UN Charter, Sec. 2
- UN Charter, Sec. 51