International Humanitarian Law In Theory And Practice
Class notes
International Armed Conflict and Situation of Belligerent Occupation
14 views 0 purchase
Course
International Humanitarian Law In Theory And Practice
Institution
Leiden University
This continues from the previous notes. This are including Non-International Armed Conflict, Why the distinction between NIACs and IACs are very important?, Common Article 3 Geneva Conventions, Which rights and duties can we find in Common Article 3?, Additional Protocol II, Criteria for Common Art...
International Humanitarian Law In Theory And Practice
All documents for this subject (10)
Seller
Follow
ayumaraqonita
Content preview
Non-International Armed Conflicts
Since World War II, wars were mainly waged between independent
NOTES
sovereign states at the inception of modern IHL in the 19th century
has changed significantly. Most of today’s wars are non-
international in character and often take place within the territory
of a state. NIACS often also referred to interchangeably as civil
wars or internal conflicts by non-lawyers. It’s non-international in
character because they occur between on the one hand the
government forces of a sovereign state and on the other hand what
are known as organized armed groups. In certain cases, a NIACs
can also exist between two or more organized armed groups
without the involvement of the state.
Why the distinction between NIACs and IACs are
very important?
Because the treaty laws applicable to NIACs are much more limited
than those applicable to IACs. The behavior of the parties in a
NIACs is limited mainly by the rules laid down in Common Article 3
of the 1949 Geneva Conventions and the 1977 Additional Protocol
II. Compared to the extensive regulations of IACs, Common Article
3 and AP II are rather rudimentary. This limited treaty framework
is supplemented by certain rules of Customary International Law,
which is of great importance.
The jurisprudence of the International Criminal Tribunal for the
former Yugoslavia has confirmed that through the development of
Customary International Law, the rules applicable to NIACs are
almost identical to those applicable in IACs. The commentary of
the ICRC, which was first published in 2005 has come to a similar
conclusion.
Common Article 3 Geneva Conventions
Common Article 3 is the central norm for NIACs. Considering that
until 1949, there was no specific treaty law dealing with internal
armed conflicts. The inclusion of this provision in the Geneva
Conventions after World War II was a major achievement.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ayumaraqonita. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.19. You're not tied to anything after your purchase.
