international humanitarian law principles applicable during international armed conflict

IHL Treaty Provisions concerning the Existence (or Not) of aĬommon Article 3 of 1949 expressly applies “n the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties.” Subsequently, states adopted this formulation or incorporated it by reference in certain treaties that regulate NIAC. There are, however, relatively few, if any, recognitions of belligerency in contemporary practice, and commentators disagree on whether the concept has been, effectively, extinguished in international law. A primary effect of the recognition of belligerency by a third state is to bring the rules of neutrality to apply in the relations between that third state and the parties to the armed conflict (not only in relation to the government of the state but also in relation to the rebels). Prior to the advent of Common Article 3 of the four Geneva Conventions of 1949, international law already provided for the recognition of belligerency to a civil war between a state and a rebel group. We highlight, next, the possible roles of peace agreements as well as the formulation, by an international criminal tribunal, of a test whereby IHL of NIAC applies until “a peaceful settlement is achieved.” Finally, a table summarizes relevant IHL-of-NIAC treaty provisions and salient formulations drawn from international bodies.Ĭoncept of Non-International Armed Conflict Recognition of Belligerency We then identify, in outline form, IHL treaty provisions concerning the end of NIACs and the cessation of application of (a portion of) IHL in relation to those conflicts.

(Section 4 addresses international armed conflicts.) To lay the groundwork, we first sketch relevant international-legal concepts, with a focus on the legal criteria to determine the existence of a NIAC.

This section outlines IHL provisions concerning the end of non-international armed conflict (NIAC) and the cessation of (a portion of) IHL in relation to NIAC.

International humanitarian law principles applicable during international armed conflict