International Armed Conflict Sample Clauses

International Armed Conflict. Article 2 of the Geneva Conventions, and the definition of armed conflict advanced above, both make clear that an international armed conflict (IAC) exists where force is directed by one state against another,27 and this is generally thought to be the case irrespective of duration or intensity.28 While the proposition that the parties to international armed conflict constitute two or more states generally holds true, it is subject to qualification. Firstly, cases of total or partial military occupation, even if met with no armed resistance, and even if there is no longer any opposing party, still constitute international conflicts for the purposes of IHL.29 Moreover, since the 1970s, wars of self-determination against colonial domination have likewise been included within the rubric of international conflicts for the purposes of IHL.30 An international armed conflict may also arise where a state or states intervene in a non-international conflict (NIAC), such that there are then states on both sides of the conflict.31 They may become parties by intervening with their own troops, having other participants act on their behalf, or by rendering direct support to the military operations of one of the parties.32 Some contro- versy surrounds the nature of the conflict that emerges from a state intervening on another state’s territory, on the side of the state, or indeed if there is no other state involved on the conflict, such that the resulting conflict involves a (foreign) state on one side and a non-state actor on another. The majority view,33 endorsed by the ICC, is that ‘in the absence of two States opposing each other, there is no international armed conflict.’34 27 Article 2 of the Geneva Conventions applies to ‘…any other armed conflict, which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them’.
Sample 1
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