THE APPLICABILITY OF INTERNATIONAL LAW TO ARMED CONFLICTS

The term “Armed conflict” was deliberately used by the Conventions and the Protocols instead of war, in order to capture the spectrum of violent conflicts. Armed Conflict has severely affected the lives of millions of civilians. Some of these violations consist of genocide, war crimes and crimes against humanity. To understand the effects of armed conflict better, we need to be acknowledged with the importance and extent of migration phenomenon, which affects a large number of states in the International Community. However, it’s limitation to just consider two categories of armed conflicts- international and non-international armed conflicts, by which we can presume about its non-applicability on internal tensions or disturbances or other isolated acts of violence. This classification of an armed conflict as an international or a non-international conflict has importance regarding the Conventions and the protection of the wars victims. However, if the same conflict is considered to be of a non-international character, then it is simply the basic rules of Common Article 3 which will be applicable, significantly limiting the protection offered to those involved in such conflict.

Precisely, a large scale of customary rules of International Humanitarian Law are always applicable to both international and non-international armed conflicts. The qualification of the conflict as international or non-international can be conceived less relevant in our days, since these customary rules apply in any armed conflict. From the perspective of the international humanitarian law, it has generally been considered that the territorial connection is of less importance and the obligations and protections apply whenever and wherever the conflict is taking place. This implies, that a State fighting on the territory of another is bound to follow international humanitarian law with due respect in the same way of its own. Modern conflict has transformed this approach to international human rights law and international humanitarian law. This has prompted the recognition of the extraterritorial application of international human rights law. Besides, challenges have been raised concerning about the applicability of the international humanitarian law beyond the zone of actual combat.

‘Preserving the dignity and humanity over everything’- International human rights law and international humanitarian law share the very same objective. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. Indeed, as has been recognized, inter alia, by international and regional courts, as well as by United Nations organs, treaty bodies and human rights special procedures, both bodies of law apply to situations of armed conflict and provide complementary and mutually reinforcing protection.