An introduction (M. Madej) Flashcards
definition of War by Clausewitz
“merely the continuation of politics by other means.”
definition of War by C. Wright
A legal condition which equally permits two or more hostile groups to carry on a conflict by armed force
coloquial definition of War
intensive use of armed forces between two or more parties, usually states.
war as a scientific term seems to be obsolete, due to be
- Overly ”state-centric”
- Too closely related with legal conditions of relation between the belligerents
- (over/mis)use in the media
What is a more precise/adequate term for War?
armed conflict
armed conflict only exist when…
the parts involved execute violence against each other.
the goal in the regulation of armed conflicts:
setting the adequate set of rules of behaviour in specific situations, not definining the essence of armed conflict as such
why does the Geneva Convention is irrelevant from the legal perspective?
- Issue of mutual recognition by fighting parties
- Reasons/motives/sources of conflict
- Intensity of violence
where is the definition of International Armed Conflicts in the Geneva Convention?
2nd article
where is the definition of Non-International Armed Conflicts in the Geneva Convention?
3rd article
What did the Amendment of The Gen. Con. of 1977 estipulated?
armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination counts as armed conflicts.
What was the purpose of the Amendment of The Gen. Con. of 1977?
This gave people fighting for this cause to be treated as soldiers and not only traitors, so international law apply to them, forbidding to shot them in the spot and thus detaining them in war prisons.
What is a non-international Armed conflict?
armed conflict occurring in the territory of one of the High Contracting Parties (ergo —> incl. fighting between non-state groups)
Customary additional criteria of Armed Conflicts
• Intensity of violence beyond the level when actions of regular law enforcement/public order services are sufficient to effective management of the situation and maintaining public order.
- Violence is somehow organised (executed by organised forces/entities obeying the IHL)
To identify a non-international armed conflict
• On the territory of one of the Protocol’s parties
• Between her armed forces and other armed groups, which are:
o Under responsible command
o Control some part of the territory
o Able to conduct continuous military operation and implement the protocol apply the rules
Transnational conflicts
state vs. non-state entity or between two or more non-state entities, which take place on the territory of more than one state = non-international armed conflict under the art. 3 of gen Conv., but not under the Add. Prot. II
Main elements of armed Conflicts
- conflict between two parties (two non-state actors can be involved and classify it as an armed conflict)
- Incompatibility (the issue of dispute)
- Organised violence/use of armed force: used by all parties
- Continuity of fighting
Arms in IHL is …
everything what was used in such function in intended and organised way (purpose).
level of organisation as an elemento of Armed conflicts in IHL
there should be a responsible command, organised decision-making and control process (chain of commands) within the parties in conflict.
How does the continuity of fighting meassured?
by the number of so called battle-related deaths - BRD
how did SIPRI/Uppsala methodology changed in 2011?
- Conflict = min. 25 BRD per year in calendar year
- Major armed conflict/war = 1000 BR per year in a calendar year
Conflict barometer (Heidelberg)
simultaneous use of five different quantitative indicators: no. of weapons and military personnel (conflict means), refugees/displaced persons, casualties, material destruction (conflict consequences);
5 degrees of intensity of conflict
1 -- dispute 2 -- non-violent conflict 3 – violent crisis 4 – limited war 5 – full-scale war
Limited war level
- between 120 and 360 casualties
- between 6,000 and 18,000 refugees/IDP’s in the whole year in the conflict
Full-scale war level
- not less than 360 and more than 1,080 casualties
- between 120,000 and 360,000 refugees/IDP’s in the whole year in the conflict
Conflict with involvement of states (armed conflicts):
International
Non-international (Internal)
—— Internal (civil wars)
—— Internationalised internal conflicts
—— Transnational non-international conflict
Why is the term Transnational non-international conflict disputable?
it can lead to illegal interferrence in internal affairs
example of misuse of Transnational non-international conflict
War on Terror
what are the levels of rganisation in Non-state conflicts (internal or transnational):
Organisational level 1: between formally organised groups (i.e. rebel groups and forces etc.)
Organisational level 2: between informally organised supporter groups
Organisational level 3: informally organised ethnic or religious groups
What is One sided violence?
the use of armed forces by the government of the state or by a formally organised group against civilians, which result in at least 25 deaths in a calendar year (extrajudicial killings are excluded)
