Definitions of war Flashcards
What is the basic principle of the ICRC?
Confidentiality -> dont say what they see
What is the most famous definition of war (non-legal)?
Clausewitz: “War is merely a continuation of politics by other means”
Is the declaration of war a legal necessity?
No, it can be duly commenced (with outbreak of hostilities)
According to Oppenheim, what is the connection between international law and war?
War cannot be avoided but is regulated by International law
Where do we find a legal defintion for an armed conflict?
Nowhere, UN charter talks about peace or use of force, also not in Geneva Conventions
What is the definition of war from Wheaton?
A contest by force between independent sovereign States is called a public war. If it is declared in form, or duly commenced, it entitles both the belligerent parties to all the rights of war against each other
Does the state of war need to be recognised by all parties to the conflict for the Geneva Convention to be applicable?
No, the armed conflict itself is reason enough
How do we know it is an non-international armed conflict and not just an internal disturbance?
Minimum level of intensity, duration and minimum level of organisation
When does an armed conflict start?
- first shot theory
- fighting of some intensity
When does an armed conflict end?
After the cessation of active hostilities
How many types of armed conflicts are there from a legal perspective?
2 -> international and non-international. The others are political terms
What is an mixed armed conflict (+example)?
international and national actors e.g. Lybia
What does direct internationalization refer to?
if another state intervenes with its troops against non-state armed group(s) (if not invited)
What does indirect internationalization mean?
if some of the (non-state) armed groups in an internal armed conflict act on behalf of a foreign state
What kind of control is necessary for this indirect internationalization?
Overall control (effective control is not enough)
