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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 23, 20242024-05-23T14:47:37+05:30 2024-05-23T14:47:37+05:30In: INTERNATIONAL HUMANITARIAN LAW

What is international armed conflict? How it is different from non-international armed conflict.

What is international armed conflict? How it is different from non-international armed conflict.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-23T14:48:07+05:30Added an answer on May 23, 2024 at 2:48 pm

      International armed conflict (IAC) and non-international armed conflict (NIAC) are two distinct categories recognized under international humanitarian law (IHL). They differ primarily in the nature of the parties involved and the applicable legal frameworks.

      International Armed Conflict (IAC)

      An international armed conflict occurs when there is a resort to armed force between two or more states. This can include traditional warfare between state armies, invasions, and occupations. The Geneva Conventions of 1949 and their Additional Protocol I of 1977 primarily govern IACs. Key characteristics of IAC include:

      1. Parties Involved: The conflict involves at least two states. Examples include World War II, the Gulf War, and the Russia-Ukraine conflict.
      2. Legal Framework: The comprehensive rules of the Geneva Conventions and Additional Protocol I apply, including the protection of prisoners of war, civilians, and the wounded and sick. These rules impose obligations on state parties to ensure humane treatment and minimize suffering.
      3. Scope: The conflict's impact is often broader, involving large-scale military operations, significant civilian displacement, and considerable international scrutiny and intervention.

      Non-International Armed Conflict (NIAC)

      A non-international armed conflict occurs within a single state between governmental forces and non-governmental armed groups, or between such groups themselves. NIACs are typically characterized by internal struggles such as civil wars, insurgencies, and large-scale riots. Key characteristics of NIAC include:

      1. Parties Involved: The conflict is between a state's armed forces and organized non-state armed groups, or between such groups within the same state. Examples include the Syrian civil war and the Colombian conflict.
      2. Legal Framework: NIACs are primarily governed by Article 3 common to the Geneva Conventions and Additional Protocol II of 1977. These provisions set minimum standards for humane treatment and protect those who are not actively participating in hostilities, including civilians, health workers, and detainees.
      3. Scope: NIACs are often confined to a single country, although they can have significant regional impacts, such as refugee flows and cross-border insurgencies. They may also involve complex issues of governance, ethnicity, and control over resources.

      Key Differences

      1. Nature of the Conflict: IACs involve state-to-state conflict, while NIACs occur within a state and involve non-state actors.
      2. Legal Protections: IACs are covered by a more extensive body of law under the Geneva Conventions and Additional Protocol I, which provide detailed regulations on the conduct of hostilities and the treatment of those affected. NIACs are regulated by Common Article 3 and Additional Protocol II, which offer more limited but essential protections.
      3. International Involvement: IACs typically draw more international attention and intervention, given the direct involvement of states and potential for broader geopolitical implications. NIACs, while also significant, are often seen as internal matters, although they can attract international concern regarding human rights violations and humanitarian crises.

      In summary, while both IAC and NIAC aim to regulate the conduct of hostilities and protect those affected by conflict, they differ in their legal frameworks, the parties involved, and the scope of their impact. Understanding these distinctions is crucial for the application of international humanitarian law and for ensuring that appropriate legal protections are provided in different conflict scenarios.

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