What is an Armed Conflict in International Humanitarian Law?

International humanitarian law is a set of rules that aim to limit the effects of armed conflicts on civilians and combatants alike. At its core, an armed conflict is any situation where one or more States resort to the use of armed force against another State. But what exactly constitutes an armed conflict, and how does it relate to international humanitarian law?

To answer this question, let's start with the concept of international armed conflicts (IACs). IACs occur when two or more States engage in hostilities, such as war or military action, against each other. This can include situations where one State is attempting to liberate another from colonial domination or alien occupation, as long as the conflict meets certain conditions.

For instance, wars of national liberation, where a people are fighting against colonial domination or racist regimes in the exercise of their right to self-determination, may be classified as an IAC under specific circumstances. This is outlined in Article 1, paragraph 4, and Article 96, paragraph 3, of Additional Protocol I.

On the other hand, non-international armed conflicts (NIACs) occur when a State uses armed force against its own population or against another State that is not involved in the conflict. NIACs are covered by different rules than IACs, and they offer a separate system of protection for those affected.

International humanitarian law applies only in situations of armed conflict, which means that it does not cover other types of violence or human rights violations. The two main systems of protection under IHL are those applicable to international armed conflicts and non-international armed conflicts. Understanding the differences between these two categories is crucial for ensuring compliance with international humanitarian law.

In conclusion, an armed conflict in international humanitarian law refers to a situation where one or more States resort to the use of armed force against another State. This can include IACs and NIACs, each with its own set of rules and protections under international humanitarian law. By understanding the complexities of armed conflicts and how they relate to IHL, we can work towards promoting respect for the laws of war and protecting those affected by conflict.

What is an armed conflict in international humanitarian law