This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these ...institutions treated the material scope of application of ihl shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict, and merely found that a generic 'armed conflict' existed at the relevant time. The icc shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. Non-international armed conflict is often, mistakenly, treated as a residual regime. Incorrect conflict classification may affect ihl's scope of application, and negatively impact on an accused's fair trial rights under international criminal law. The author proposes a fresh look at the icc's legal framework to solve conflict classification problems.
The purpose of the article is to clarify the prerequisites, international context, and features of the armed conflict in Ukraine, which in the conditions of a Special Military Operation (SVO) has ...acquired the character of a protracted and exhausting proxy war between Russia and NATO countries. By now, Russian social scientists have generally developed an adequate understanding of the causes of the war and the goals of the warring parties. Their methodological position is clear and is mainly determined by political attitudes that have been repeatedly voiced by the President of the Russian Federation, the Head of the Russian Foreign Ministry, other senior officials, and representatives of interested departments. As a rule, this does not raise questions since the official Russian position is not actually imbued with ideology. At the same time, the publications of Western political scientists, experts, and journalists, especially those who adhere to the realistic paradigm, deserve attention. Their assessments and forecasts contribute to the formation of an objective picture of the Ukrainian crisis. During the study, it was found that the intentions of the NATO countries led by the United States, and, therefore, the background of their rivalry with Russia, have not changed during the SVO. They still expect to inflict a strategic defeat on our country and thereby prolong the existence of a unipolar world. Believing in Russia’s weakness, Western elites associate the end of the conflict with the victory of the Kiev regime on the battlefield. Therefore, the United States and its NATO allies continue to saturate Ukraine with more and more modern weapons. The main sponsor and organizer of the ongoing war is the United States, which pays two-thirds of Ukrainian military expenses. At the same time, their behavior is characterized by caution and even a certain responsibility. The United States fears an uncontrolled escalation of the conflict, every time it emphasizes its non-involvement in military actions and seeks to localize them within the borders of Ukraine. Even though the Russian Federation is also wary of striking at the territory of NATO countries, the conflict between them continues to develop in an escalating spiral. The war is gradually moving beyond the mediated relations between Russia and the countries of the North Atlantic Treaty Organization. With the expansion of supplies of increasingly destructive weapons and the direct involvement of NATO members in the confrontation with the Russian military, it acquires a full-fledged character with the prospect of going beyond the borders of Ukraine and using unconventional weapons.
A major aspect of the United States' war efforts in Afghanistan over the past two decades has been the waging of a counterinsurgency campaign. This article analyzes the extent to which the United ...States and other Western intervening nations developed and implemented rule of law support missions as a component of the overarching counterinsurgency mission. This article evaluates the successes and failures of the rule of law missions, analyzing the lessons learned from two decades of conflict to provide a foundation for the policymakers and strategic planners who will be tasked with executing counterinsurgency campaigns in the future. The article focuses in particular on the social, political, and cultural factors of the Afghan people that impacted the viability of the Western counterinsurgency and rule of law missions.
A major aspect of the United States' war efforts in Afghanistan over the past two decades has been the waging of a counterinsurgency campaign. This article analyzes the extent to which the United ...States and other Western intervening nations developed and implemented rule of law support missions as a component of the overarching counterinsurgency mission. This article evaluates the successes and failures of the rule of law missions, analyzing the lessons learned from two decades of conflict to provide a foundation for the policymakers and strategic planners who will be tasked with executing counterinsurgency campaigns in the future. The article focuses in particular on the social, political, and cultural factors of the Afghan people that impacted the viability of the Western counterinsurgency and rule of law missions.
Non-International armed conflicts in which different armed groups are involved is the dominant feature of contemporary armed conflicts. Considering the complex and changing alliances of these groups ...and the extension of their hostilities across borders, the problem that arises is whether an armed group is considered a party to a non-international armed conflict as defined under international humanitarian law. In this context, the concept of "organized armed groups" is of a fundamental importance, upon which depends the applicability of the international humanitarian law to a specific situation of violence. The research aims to determine the criteria for assessing the fulfilment of the "organization element" in any armed group to be considered a party to a non-international armed conflict. The research also provides an analysis of the link that must exist between the allied armed groups to be considered as a single party to such conflict.
Non-International armed conflicts in which different armed groups are involved is the dominant feature of contemporary armed conflicts. Considering the complex and changing alliances of these groups ...and the extension of their hostilities across borders, the problem that arises is whether an armed group is considered a party to a non-international armed conflict as defined under international humanitarian law. In this context, the concept of "organized armed groups" is of a fundamental importance, upon which depends the applicability of the international humanitarian law to a specific situation of violence. The research aims to determine the criteria for assessing the fulfilment of the "organization element" in any armed group to be considered a party to a non-international armed conflict. The research also provides an analysis of the link that must exist between the allied armed groups to be considered as a single party to such conflict.
Abstract
The Rome Statute has often been criticized for not following international customary law, with calls to more closely resemble this being relatively frequent. This is especially the case in ...the distinction made between international and non-international armed conflicts and the significant fewer war crimes applicable to non-international armed conflicts. One of the most apparent differences is in the lack of a provision criminalizing the employment of weapons that go against the general principles of weapons law in humanitarian law. This article seeks to address this critique by determining whether the lack of this criminalization in non-international armed conflicts is contrary to customary international law and if this divergence should be amended.
Abstract
In terms of Additional Protocol ii to the Geneva Conventions 'territorial control' is a requirement in order to determine whether, as contemplated by the provisions of the Protocol, a ...non-international armed conflict exists. Complex situations in which conflict is not confined to the territorial borders of the State where the non-international armed conflict originated increasingly present a challenge to those responsible for conflict classification under the conventional law of non-international armed conflict. In situations such as these, a non-international armed conflict is no longer restricted to the territory of a single State. Multiple non-international conflicts involving numerous actors can co-exist in a single territory at the same time or lead to fighting across borders. The complex conflict situations in the Central African Republic, Mali, South Sudan and the Democratic Republic of the Congo serve as examples. Attaining legal certainty is pivotal with respect to conflict classification because the category of conflict determines the applicable rules of the conventional law of armed conflict. Even though Additional Protocol ii remains the only comprehensive treaty dedicated to the regulation of non-international armed conflict, there is a paucity of literature which analyses its scope of application, and specifically the territorial control requirement. This article offers an in-depth examination of the territorial control requirement.
PDF
