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Military Interventions, NIAC Spill-Over, and Situation below Armed Conflict

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This note includes Foreign Interventions, Does foreign intervention change the character or the classification of a conflict?, ICJ 1986 Nicaragua Judgement, ICTY 1999 Tadic Appeals Judgement, NIAC spill-over, can this so-called NIAC spill-over turn the underlying situation into an IAC between the ...

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  • December 10, 2021
  • 4
  • 2020/2021
  • Class notes
  • Prof. dr. robert heinsch
  • All classes
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Military Interventions, NIAC Spill-
Over, and Situations below Armed NOTES

Conflict

Foreign Intervention
Two categories of conflicts covered by IHL, that are International
Armed Conflicts (IACs) and Non-International Armed Conflicts
(NIACs). There are nevertheless situations where a NIAC can turn
into an IAC under specific circumstances.

With the growing number of NIACs after World War II, it has
become a recurring phenomenon that third states are intervening
in civil wars. These third states intervene either on behalf of the
government or in order to support the rebel groups with the
intention to overthrow the respective government in power. For
example;

- How Russia continues to support Syrian armed forces at the
request of President Assad and his fight against several
rebel groups.
- When the US supported the Contra rebels in Nicaragua
against the Nicaraguan armed forces of the Sandinista
regime in the 1980s.
- Consider the possible involvement of Russia in the conflict in
Eastern Ukraine between the Ukrainian armed forces and
pro-Russian rebels.
- How the French Air Force has attacked ISIS fighters in
Raqqa, Syria.


Does foreign intervention change the
character or the classification of a conflict?

Where the state intervenes in support of the territorial
government’s battle against the rebellion in that country, such as
the case of Russian operating in Syria, the conflict remains non-

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