engleski

The Differences between International and Non-International Armed Conflict – New Tendencies in the Modern Society

Contemporary international humanitarian law, as it is known today, classifies all armed conflicts into two basic groups, namely, the international and the non-international one. A deep-rooted view that the law of armed conflicts is applicable only in the cases of inter-state wars has been slowly abandoned over time – firstly by Article 3 common to all 1949 Geneva Conventions and secondly, by 1977 Protocol on the Protection of Victims of Non-International Armed Conflicts, and by defining non-international conflicts. In practice, there are occasional disagreements as to the applicability of international humanitarian law on non-international armed conflicts. Lately, however, there have been some new tendencies in international humanitarian law, especially concerning the questions of unification of these two types of laws, according to the latest practice of the Red Cross and the ICTY, as well as in the human rights protection of civilians and combatants in non-international armed conflicts. Although the governments are very often reluctant to discuss conflicts taking place within state borders or those invoking principles of sovereignty and non-interference in domestic affairs, the development of human rights in the last 50-60 years has caused a significant change in international law. A state-oriented approach and its sovereignty has progressively led to an approach that focuses on a human being and it continues to progress.

armed conflict, international armed conflict, non-international armed conflict, combatants, human rights protection

nije evidentirano