4. Present the main elements of the international law of armed conflicts. Flashcards
What International law must seek to prevent ?
its subjects from using violence to settle their differences. The primary obligation not to use force has attained the status of jus cogens (preemptory norm, states do not deviate from these laws e.g. no torture, slavery etc,). While every state agrees that the use of force is generally impermissible, there is considerable disagreement over the precise circumstances in which it may lawfully be used.
Armed force by definition?
the use of deliberate military action by one state against another. This may be ‘direct’, as with the deployment of the state’s regular armed forces, or ‘indirect’, as where armed groups of irregulars (e.g. guerrilla groups) operate on a state’s behalf with or without the purpose of their own. Other, non-military coercions are not considered as a ‘force’ in int’l law.https://www.icrc.org/en/doc/assets/files/other/icrc_002_0943.pdf