An introduction (M. Madej)

Question 1

definition of War by Clausewitz

Answer 1

“merely the continuation of politics by other means.”

Question 2

definition of War by C. Wright

Answer 2

A legal condition which equally permits two or more hostile groups to carry on a conflict by armed force

Question 3

coloquial definition of War

Answer 3

intensive use of armed forces between two or more parties, usually states.

Question 4

war as a scientific term seems to be obsolete, due to be

Answer 4

• Overly ”state-centric”
• Too closely related with legal conditions of relation between the belligerents
• (over/mis)use in the media

Question 5

What is a more precise/adequate term for War?

Answer 5

armed conflict

Question 6

armed conflict only exist when…

Answer 6

the parts involved execute violence against each other.

Question 7

the goal in the regulation of armed conflicts:

Answer 7

setting the adequate set of rules of behaviour in specific situations, not definining the essence of armed conflict as such

Question 8

why does the Geneva Convention is irrelevant from the legal perspective?

Answer 8

• Issue of mutual recognition by fighting parties
• Reasons/motives/sources of conflict
• Intensity of violence

Question 9

where is the definition of International Armed Conflicts in the Geneva Convention?

Answer 9

2nd article

Question 10

where is the definition of Non-International Armed Conflicts in the Geneva Convention?

Answer 10

3rd article

Question 11

What did the Amendment of The Gen. Con. of 1977 estipulated?

Answer 11

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.

Question 12

What was the purpose of the Amendment of The Gen. Con. of 1977?

Answer 12

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.

Question 13

What is a non-international Armed conflict?

Answer 13

armed conflict occurring in the territory of one of the High Contracting Parties (ergo —> incl. fighting between non-state groups)

Question 14

Customary additional criteria of Armed Conflicts

Answer 14

• 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)

Question 15

To identify a non-international armed conflict

Answer 15

• 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

Question 16

Transnational conflicts

Answer 16

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

Question 17

Main elements of armed Conflicts

Answer 17

1. conflict between two parties (two non-state actors can be involved and classify it as an armed conflict)
2. Incompatibility (the issue of dispute)
3. Organised violence/use of armed force: used by all parties
4. Continuity of fighting

Question 18

Arms in IHL is …

Answer 18

everything what was used in such function in intended and organised way (purpose).

Question 19

level of organisation as an elemento of Armed conflicts in IHL

Answer 19

there should be a responsible command, organised decision-making and control process (chain of commands) within the parties in conflict.

Question 20

How does the continuity of fighting meassured?

Answer 20

by the number of so called battle-related deaths - BRD

Question 21

how did SIPRI/Uppsala methodology changed in 2011?

Answer 21

• Conflict = min. 25 BRD per year in calendar year

- Major armed conflict/war = 1000 BR per year in a calendar year

Question 22

Conflict barometer (Heidelberg)

Answer 22

simultaneous use of five different quantitative indicators: no. of weapons and military personnel (conflict means), refugees/displaced persons, casualties, material destruction (conflict consequences);

Question 23

5 degrees of intensity of conflict

Answer 23

1 -- dispute
2 -- non-violent conflict
3 – violent crisis
4 – limited war
5 – full-scale war

Question 24

Limited war level

Answer 24

• between 120 and 360 casualties

- between 6,000 and 18,000 refugees/IDP’s in the whole year in the conflict

Question 25

Full-scale war level

Answer 25

• 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

Question 26

Conflict with involvement of states (armed conflicts):

Answer 26

 International
 Non-international (Internal)
—— Internal (civil wars)
—— Internationalised internal conflicts
—— Transnational non-international conflict

Question 27

Why is the term Transnational non-international conflict disputable?

Answer 27

it can lead to illegal interferrence in internal affairs

Question 28

example of misuse of Transnational non-international conflict

Answer 28

War on Terror

Question 29

what are the levels of rganisation in Non-state conflicts (internal or transnational):

Answer 29

 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

Question 30

What is One sided violence?

Answer 30

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)