geneva protocol international armed conflict definition

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. The core humanitarian treaties are the four Geneva Conventions of 1949 and their additional protocols of 19.Īdditional protocol II is of particular relevance to the reality of the ‘war on drugs’, being the first international treaty to specifically cover non-international armed conflicts.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, as with other branches of international law finds its source in customary international law and international treaties.

The International Committee of the Red Cross defines international humanitarian law as “a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.”Īs drug law enforcement in many countries around the world has become more and more militarised, and as terrorist and armed groups have increasingly been funded by the drug trade, the nexus between international humanitarian law and drug control laws and policies has become more and more important.

Geneva protocol international armed conflict definition