CYIL vol. 11 (2020)

CYIL 11 (2020) THE CLASSIFICATION OF ARMED CONFLICTS – INTERNATIONALIZED, … the support be so fundamental to render the conflict internationalized, the supporting state would be responsible for the violations of international law that the armed group committed under its control. Consequently, it is important to describe the basic typology of armed conflicts and discuss the step between them characterized by internationalization. This category however brought many questions, such as whether it automatically means that the formerly NIAC becomes international and if the humanitarian law applicable to IAC applies to it or not. Currently, the world also faces other types of armed conflict, such as those basically of a domestic character, however spanning over several territories (transnational conflicts). Similarly, the new challenges contain even so-called cyber conflicts. There may also appear problems connected to new forms of conflicts appearing in the today’s world. One example for all, stems from the fact, that since an international armed conflict is, among others, defined, as the use of armed force between two or more states regardless of their mutual recognition as a state 3 , does it mean that conflict between a maternal state and so-called de-facto state within its territory may become an IAC? Or possibly when two de-facto states enter into conflict using arms against each other (within the maternal state), is it an NIAC or an IAC? The article first describes the basic typology and then goes on to discuss the particular controversial conflicts. 2. The definition of the armed conflict Despite the great importance of a definition of an armed conflict, binding sources of international law did not contain it for long time. Even today, we rely on a decision of an international criminal tribunal, not a binding treaty. However, the definition has reached a significant acceptance. 4 In 1995, the ICTY stated that “ an armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organized armed groups or between such groups within a State .” 5 Despite the important step forward, the definition still lacks a certain amount of clarity regarding issues such as what does protracted mean and how organized do(es) the group(s) have to be, etc.? 6 As it is clear from the definition, humanitarian law recognizes an armed conflict between states, the so-called international armed conflict, and non-international armed conflict. What is now understood as the IAC has also been called an inter-state war, while NIAC intra-state war. 7 However, the term war itself is to be avoided due to its mostly laymen’s use lacking proper classification. As was mentioned above, the classification of an armed conflict as either IAC or NIAC is of great importance but it is not a permanent matter insusceptible to change. It is among 3 DINSTEIN, Y. War, Aggression and Self-Defence . 3rd ed., Cambridge: CUP, 2001. ISBN: 0-521-79758-6, p. 6. 4 BÍLKOVÁ, V., New Challenges to the Classification of Armed Conflicts. In: Recueils de la Société Internationale de Droit Penal Militaire et de Droit de la Guerre , vol. 20, 2015, pp. 287-288. 5 ICTY, Prosecutor v. Dusko Tadić , IT-94-1, ACh, Decision on the defence motion for interlocutory appeal on jurisdiction, 2 October 1995, para. 70. 6 ONDŘEJ, J., ŠTURMA, P., BÍLKOVÁ, V. JÍLEK, D. Mezinárodní humanitární právo [International Humanitarian Law] . 1st ed., Prague: C.H. Beck, 2010. ISBN: 978-80-7400-185-7, p. 40. 7 DINSTEIN, Y. War, Aggression and Self-Defence . 3rd ed., Cambridge: CUP, 2001. ISBN: 0-521-79758-6, p. 5.

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