CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ QUESTIONS OF INTERNATIONAL HUMANITARIAN AND HUMAN RIGHTS LAW … determine the legal norms applicable to it. Of course, this situation is to be avoided, but if it happens, legal qualification is still possible. The primary deciding factor regarding qualification of the situation in case of a foreign involvement is the consent of the state, the territory of which is being affected by that military operation. If it agrees to foreign armed forces operating on its territory, engaging in hostilities against IS, this means that the intervening state acts on behalf of the territorial state, and the conflict mainly upholds its internal character. As we can see, the situation concerning territories the IS has been active on has never been an easy one regarding the above mentioned consent. While Iraq has given consent to the United States and its allies, and Syria has given consent to Russia, these consents are obviously politically targeted to friendly or allied states and cannot be invoked by any others – the US can not claim Syria’s permission earlier given only to Russia and vice versa . The lack of consent from the state leads to a different qualification of the situation. In that case – regardless of the legal base or complete lack of any legal base – the situation becomes an international armed conflict, and the intervening state has to follow the rules which have been created for that kind of situation, the legal consequence of which will be analysed in the next part. 3.1 Applicable Norms of International Law In general, the norms of the legal field called international humanitarian law are applicable in armed conflicts. The most important sources of this field are the four Geneva Conventions adopted in 1949, 4 their additional protocols of 1977 and 2005. 5 There are numerous other international treaties that govern conduct of hostilities and behaviour of actors during a conflict situation, some of them being applicable only in an international conflict, but most of them in all kind of conflicts. 6 Later in this study we will demonstrate which these norms are applicable to which specific, problematic situations in the case of military activities. Customary norms of IHL are also very important regarding applicable rules, as they are able to fill gaps left open by states not ratifying some international treaties for any reason. If this occurs, an analysis of the norms embodied in the treaty may lead to the recognition that 4 Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949. UNTS vol. 75. (1 st Geneva Convention); Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea. Geneva, 12 August 1949. UNTS vol. 75. (2 nd Geneva Convention); Convention (III) Relative to the Treatment of Prisoners of War. Geneva, 12 August 1949. UNTS vol. 75. (3 rd Geneva Convention); Convention (IV) Relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949. UNTS vol. 75. (4 th Geneva Convention). 5 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I). Geneva, 8 June 1977. UNTS vol. 1125. (1 st Additional Protocol); Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non- international armed conflicts (Protocol II). Geneva, 8 June 1977. UNTS vol. 1125. (2 nd Additional Protocol); Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (Protocol III). Geneva, 8 December 2005. UNTS vol. 2404. (3 rd Additional Protocol). 6 For a full list, see the online database maintained by the International Committee of the Red Cross, available at: https://ihl-databases.icrc.org/ihl (1 May 2017). 3. Applicable Law

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