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)
What is a transnational armed conflict?
Non-international armed conflict involving the territory of more than one state
How are the wars against colonialism called?
Wars of national liberation (quasi international)
If another state sends money and weapons is it an international conflict?
No, still non-international because it is not overall control
Are wars of national liberation mentioned somewhere, if yes, where?
Additional Protocol to the Geneva Conventions from 1949
Who are combatants?
- commanded by someone relevant
- fixed distinctive sign
- carry arms openly
- conduct operations according to laws and customs of war
Who is a civilian?
Everyone who is not a combatant
How are combatants, armed groups and civilians regulated in non-international conflicts?
Not at all, these categories only apply in international armed conflicts
Who could be considered as unlawful combatants? What is the consequence?
Spies or mercenaries (not entitled to treatment as civilians or as POWs)
Definition of military objects
- objects which by their nature, location, purpose or use make an effective contribution to military action
- destruction offers definite military advantage
Definition of civilian objects
All objects that are not military objectives
When do civilian objects loose their protection from attacks?
When they are used as military objectives
Why is it important to distinguish wheter international or non-international armed conflict?
No POWs and combatants in non-international conflicts
