CYIL vol. 13 (2022)

Veronika D’Evereux CYIL 13 ȍ2022Ȏ conflicts that have occurred since the end of the Cold War and the conflicts that are being waged in the global fight against terrorism. 7 The applicability of international humanitarian law is conditioned by the fulfilment of the signs of armed conflict, it is the subject of objective fact. On the contrary, the subjective opinion of the parties or actors of the conflict is not essential. The fact that the State of Israel has long rejected the applicability of Article 49 of the Fourth Geneva Convention 8 is therefore not decisive in relation to the application of international humanitarian law to the conduct and presence of the State of Israel in the West Bank. International humanitarian law becomes applicable upon initiation of hostilities, the existence of armed conflict activates the application of the Geneva Conventions on the Protection of Victims of Armed Conflict. The parties to the conflict are obliged to apply and comply with these legal norms, regardless of whether they recognize the existence of the conflict or not. 9 The paper seeks to classify the main events of the conflicts between the State of Israel, the Arab states, and Palestine according to international law and to answer the question of the application of law in relation to these events. The following chapter describes selected general types of armed conflicts, which are briefly described and defined by the norms of international humanitarian law. These included the types of conflicts that could be considered as relevant in connection with the State of Israel. After a very brief explanation of the nature of the individual types of conflict involved, considerations are given as to what specific examples concerning the State of Israel might or might not be included under these categories. 2.1 International armed conflicts Conflicts between two or more states are considered international armed conflicts. These conflicts can be further divided mainly into conflicts in which war has been declared, de facto armed conflicts, and the state of occupation of the territory of one state by another state. In current practice, the declaration of war, possibly conditioned by an ultimatum, is not a necessary condition for the application of international humanitarian law. Since 1949, international humanitarian law has applied to all armed conflicts, regardless of how they arose. Any situation between two states leading to the deployment of armed forces is considered a de facto armed conflict. 10 The decisive factor is the objective state, not the subjective attitude of the states. It does not affect the application of international humanitarian law if states deny that there is an armed conflict between them, or if states try to classify this conflict as a special operation to save their own citizens or measures of short war. Even an agreement between states cannot rule out the application of the Geneva Conventions. International humanitarian law can be a proudy nové právní vědy. [ Regulation of domestic armed conflicts in international humanitarian law. Prague: Charles University in Prague, Faculty of Law, 2007, pp. 29–30. 7 ONDŘEJ, ŠTURMA, BÍLKOVÁ, JÍLEK, op. cit. sub. 1, pp. 41–42. 8 The Levy Commission Report on the Legal Status of Building in Judea and Samaria. 21 June 2012, Jerusalem. 9 ONDŘEJ, ŠTURMA, BÍLKOVÁ, JÍLEK, op. cit. sub. 1, p. 90. 10 BÍLKOVÁ, op. cit. sub. 6, pp. 30–31. 2. The classification of selected types of armed conflicts related to the State of Israel

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