Conflict Classification and Conflict Typology Eric C. Sigmund Legal Advisor, IHL Dissemination.

Conflict Classification and Conflict Typology

Eric C. SigmundLegal Advisor, IHL Dissemination

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Why Conflict Classification Matters Conflict Classification

Other Situations of Violence IACs NIACs (& Typology) Large Group Exercise Conclusion and Questions

Agenda

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IHL is a body of law that: Limits the means and method of warfare Protects those who do not or who no longer

take part in the hostilities Applies only during armed conflict

Why Conflict Classification Matters

Why Conflict Classification Matters

International Armed Conflict (IHL):

- Geneva Conventions I-IV

- API (if ratified)

Non International Armed Conflict (IHL): - Common Art. 3 to Geneva Conventions I-IV- APII (if ratified)

Internal Tensions or Disturbances (No IHL): - Human rights law- Domestic law

When Does IHL Apply? When Does IHL Apply?

International Armed Conflict (IHL):

- Geneva Conventions I-IV

- API (if ratified)

Non International Armed Conflict (IHL): - Common Art. 3 to Geneva Conventions I-IV- APII (if ratified)

Internal Tensions or Disturbances (No IHL): - Human rights law- Domestic law

When Does IHL Apply? When Does IHL Apply?

• Geneva Conventions I-IV• Additional Protocol I (if ratified)• Customary International Law

• Common Article 3 of GCs• Additional Protocol II (if ratified)• Customary International Law• Human Rights law (gap filler)

International Armed Conflict Non- International Armed Conflict

“Other Situations of Violence”

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IHL does NOT apply to other situations of violence including:

Riots Criminal Activity Sporadic Acts of Violence

Governing Law: - Domestic Law- Human Rights Law

International Armed Conflict (IHL):

- Geneva Conventions I-IV

- API (if ratified)

Non International Armed Conflict (IHL): - Common Art. 3 to Geneva Conventions I-IV- APII (if ratified)

Internal Tensions or Disturbances (No IHL): - Human rights law- Domestic law

When Does IHL Apply? When Does IHL Apply?

Conflict Classification: IACs

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Common Article 2:

“…the present Convention shall apply to all cases of declared

war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if a the start of war is not recognized by on of them.

The Convention shall also apply to all cases of partial or total occupation…even if the said occupation meets with no armed resistance.”

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Scope of Protections: IACs

The Geneva Conventions of 1949 have been adopted by all nations

GC I: Wounded and Sick in the Field

GC II: Wounded and Sick & Shipwrecked at Sea

GC III: Prisoners of War GC IV: Civilians

AP I (if ratified)

Conflict Classification: NIACs

Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions

Hamdan v. Rumsfeld 548 U.S. 557(2006)

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Conflict Classification: NIACs

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“the determination of the existence of an armed conflict is

based solely on two criteria: the intensity of the conflict

and the organization of the parties, the purpose of the armed forces to engage in acts of violence or also achieve some further objective is, therefore, irrelevant.” – Limaj Case, ICTY (2005)

International Armed Conflict (IHL):

- Geneva Conventions I-IV

- API (if ratified)

Non International Armed Conflict (IHL): - Common Art. 3 to Geneva Conventions I-IV- APII (if ratified)

Internal Tensions or Disturbances (No IHL): - Human rights law- Domestic law

When Does IHL Apply? When Does IHL Apply?

Conflict Classification: NIACs

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Intensity Factors

Overall Duration of the conflictDuration and intensity of individual confrontationsThe type of weapons and other military equipment usedThe number and caliber of munitions firedThe number of persons and types of forces fightingThe number of casualties The extent of the material destructionNumber of civilians fleeing combat zones

Conflict Classification: NIACs

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Organization Factors

Existence of a command structure and disciplinary rulesChain of command with superiors responsible for actions of subordinatesExistence of headquartersThe ability to procure, transport and distribute armsAbility to plan coordinate and carry out military operationsAbility to negotiate and conclude agreements

Scope of Protections: NIACsCommon Article 3

Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

AP II (if ratified and applicable)

148/161

The Scope of Protections:

IACs v. NIACs

International Armed Conflict (IHL):

- Geneva Conventions I-IV

- API (if ratified)

Non International Armed Conflict (IHL): - Common Art. 3 to Geneva Conventions I-IV- APII (if ratified)

Internal Tensions or Disturbances (No IHL): - Human rights law- Domestic law

When Does IHL Apply? When Does IHL Apply?

International Armed Conflict (IHL):

- Geneva Conventions I-IV

- API (if ratified)

Non International Armed Conflict (IHL): - Common Art. 3 to Geneva Conventions I-IV- APII (if ratified)

Internal Tensions or Disturbances (No IHL): - Human rights law- Domestic law

When Does IHL Apply? When Does IHL Apply?

• Geneva Conventions I-IV• Additional Protocol I (if ratified)• Customary International Law

• Common Article 3 of GCs• Additional Protocol II (if ratified)• Customary International Law• Human Rights law (gap filler)

International Armed Conflict Non- International Armed Conflict

Typologies of Non-International Armed Conflicts

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Typology of NIACs: Spillover

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Conflict originates in a single state and spills over to another.

State A State B

Typology of NIACs: Cross-Border

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Forces of a state are engaged in hostilities with a non-state party operating from the territory of a neighboring host state without that state’s control or support

[Controversial Typology]

EX: Israel v. Hezbollah in Lebanon

State A State B

Typology of NIACs: Multinational NIACs

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Armed conflicts in which multinational armed forces are fighting alongside the armed forces of a “host” state – in its territory – against one or more armed groups.

EX: AfghanistanEX: UN forces or regional actors intervening

Dynamic Conflicts & Dual Classification

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Armed Conflicts with a Dual Classification (“Internationalized Armed Conflicts”)

Balancing sovereign rights of states Practical challenges

Proxy Conflicts

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Effective Control – Nicaragua v. United States

Overall control - Tadić (ICTY)

“complete dependence” “made use of the potential for control inherent in that dependence”“equate for legal purposes with the forces of the [country]

“participation, even if preponderant or decisive, in the financing, organizing, training, supplying and equipping…the selection of its [targets], and the planning of the whole of its operation, is still insufficient in itself…All the forms of…participation mentioned above, and even the general control…over a force with a high degree of dependency on it, would not in themselves [by sufficient].

“The control required by international law may be deemed to exist when a State…has a role in organizing, coordinating or planning the military actions of the military group, in addition to financing, training, and equipping or providing operational support for that group.”

Practical Exercise

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1. US Invasion of Afghanistan2. Afghanistan Today3. Iraq, initial invasion4. Iraq, overthrow of Government & CPA5. Pakistan, UBL Strike6. Colombia7. Mexico

Review and Conclusion

What did we discuss?

1.Two types of armed conflicts

2.Why difference matters

3.Typology of NIACs and dynamic conflicts

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Questions?

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