engleski

The differences between international and non-international armed conflict – new tendencies in modern society

Modern international humanitarian law as we know it today classifies all armed conflicts into two basic groups – international and non-international armed conflicts. A long rooted view that the law of armed conflicts is applicable only in case of inter-state wars has slowly been abandoned during time – firstly by article 3 common to all 1949 Geneva Conventio and secondly, by 1977 Protocol on Protection of Victims of Non-International Armed Conflicts and by defining of non-international conflicts. In practice, there are ocassionally disagreements as to applicability of international humanitarian law on non-international armed conflicts. But, lately there are some new tendencies in international humanitarian law, especially the questions of unification of two types of law - the law of international armed conflict and law of non-international armed conflict, according to late practice of Red Cross and ICTY, especcially in the segment of human rights protection of civilian and combatants in the non-international armed conflicts, who are most numerous in the after 2nd World War development. Although the governments are very often reluctant to discuss conflict taking place within state borders invoking principles of sovereignity and non-interference in domestic affairs, the development of human right in last 50-60 years has caused a significant changes in international law. Approach that was oriented on state and it's sovereignity was progressively has led to approach focused to a human being and still moves forward.

armed conflict; international armed conflict; non-international armed conflict; ICRC; combatants; human rights protection

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