Whether a Situation of Armed Violence is an Armed Conflict Pursuant to International Humanitarian Law Criteria
Abstract
International humanitarian law or the jus in bello (law in war) is one of the oldest bodies of international law which seeks to govern the actions of States and persons taking part in an armed conflict, and to protect people and their property. The law aims at balancing two objectives: the demands of the armed forces of a State (or non-State armed group) to prosecute the armed conflict, and the humanitarian law requirement to safeguard those who do not, or no longer, take direct part in the conflict. The legal framework that governs the actions of parties to armed conflict consists of wide range of rules and regulations drawn from treaties, conventions, statutes and judicial precedents. It is in this regard that this paper examined the existence of armed conflict and the various laws regulating such conflict; showing its impact on human dignity, and the polity in itself. The pertinent literature to this study is divided into international humanitarian law and the debate on the legal framework to armed conflict and analyzed whether a situation of armed violence is an armed conflict pursuant to international humanitarian law criteria and the nature of such conflict. The article concluded by identifying the concept and nature of armed conflict, including the distinction between War and Armed Conflict, Occupation and National Liberation and determined the specific rule(s) that is applied. The value of the analysis in this article will contribute in understanding not only the existence of armed conflict but the specific law(s) that apply for atrocities committed in armed conflicts in order to restrain such actions in courtrooms and provide novel measures in the field of international law. By way of methodology, this paper adopted the qualitative research method that utilized both primary and secondary sources.
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