International Humanitarian Law In Theory And Practice
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International Armed Conflict and situation of Belligerent Occupation
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International Humanitarian Law In Theory And Practice
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Leiden University
This note including types of armed conflict, International Armed Conflicts, when does a conflict end?, Belligerent Occupation, Military Control, when do us speak of Occupied Territory?, how long an occupying power maintain conrol over the occupied territory?, how does a situation of belligerent occ...
International Humanitarian Law In Theory And Practice
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International Armed Conflict and
Situation of Belligerent NOTES
Occupation
Some of conflicts occured within the boundaries of the state, two
or more states, for example Second World War, the Rwandan
genocide and various conflicts in the Middle East.
There are several important factors to consider when we analyze a
conflict, such as;
- When is the IHL applicable?
- Are we dealing with an International or a Non-International
Armed Conflict?
- What does the involvement of the different factions mean
for the characterization of a conflict?
- From which moment are civilians protected by the rules of
IHL in such cases?
- When does a Non-International Armed Conflict become
International?
How to defined an armed conflict under IHL?
IHL was conceived as the legal regime which limited the behavior
of parties in war-like situations. In the respective treaty laws, war-
like situations are referred to as armed conflicts. This law only
applies to situations which have reached a special threshold of
armed violence. IHL does not apply to internal disturbances or
tentions falling below that threshold such as riots, isolated and
sporadic acts of violence, or acts of terror. In that latter situation,
HRL and domestic law would apply.
, Types of Conflict
NOTES
IHL recognizes two types of armed conflict;
International Armed Conflict
(IACs) : occur between two states.
There is another important Non-International Armed
consideration, where one state Conflict (NIACs) : such as civil
occupies another state normally
wars which is occur within a state.
using armed forces to achieve this
result which can be said as
belligerent occupation.
Both of those types are governed by a different set of rules as a
result of political history.
State officials have regulated interstate conflicts for centuries
through the signing of international agreements. They’ve been
reluctant, however, to set up more concrete internatioal law riles
for civil wars. As a result, the current body of treaty law is more
extensive for IACs than for NIACs. IHL also applies to the
situation whereby one state establishes military control over the
territory of another country. Belligerent occupation is governed by
the laws that apply to IACs.
International Armed Conflicts
Traditionally, states expressed their intention to start a war
through a formal declaration. But today, IAC is presumed to exist
as soon as a state uses armed force against another state,
regardless of the reasons for the confrontation, the intensity of
the violence or the existence of a formal declaration of war.
The classic form of armed conflicts is international in character and
waged between two or more states. The rules of IHL governing
situations of IACs have been codified primarily in the 1907 Hague
Regulations, the four 1949 Geneva Conventions, and the 1977 AP I
supplemented by Customary International Law. Armed conflicts
derive their international character from the fact that they occur
between states.
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