CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ THE MILITARY USE OF UNMANNED AERIAL VEHICLES IN THE FIGHT… extraordinary importance.” 16 The precise determination of the moment of the beginning of an armed conflict has significant and wide-ranging implications in international law. In an armed conflict, contractual obligations may change, otherwise the rights of refugees will be assessed, other standards for arms control will be applied, and the law of neutrality will be changed. 17 The most important consequence would be that, only in the context of an armed conflict, the parties can enforce the rights of the warring parties. In exercising these rights in a non-armed conflict, there is a risk of violating the fundamental human rights that apply during peacetime. The International Law Association 18 established the Use of Force Committee in May 2005. It analysed the concept of armed conflict in international law. In 2008, the committee drafted and presented the initial report in Rio de Janeiro, and in August of 2010, the final report and resolution of the Committee was prepared and presented in the Hague. This report analysed primary and secondary sources of international law in order to determine how international law defines the situation of armed conflict and when situations cannot be considered an armed conflict. The relevant international treaties, the jurisprudence of the states, as well as the practice and doctrine of international courts, were taken into account. The members of the Committee represent various countries of the world. Based on its analysis, the Committee has determined that the definition of armed conflict in the Tadic case is confirmed by the analysis of other sources. The Committee highlighted two essential features of any armed conflict: 1) the existence of organized armed groups; and 2) involvement in combat actions of a certain intensity. 19 The Committee stressed that an armed conflict must be distinguished from incidents, frontier clashes, internal disturbances, and tension situations, such as: riots, single and chaotic acts of violence, banditry, unorganized short-term insurrections or terrorist acts, and civil unrest and separate terrorist acts. 20 State practice and jurisprudence, judicial practice, and most authors agree that combat action must reach a degree of intensity in order to be considered an armed conflict. 21 In terms of intensity, the following factors should be taken into account, for example: the number of combatants, the number and type of weapons used, the duration of the conflict and its territorial distribution, the number of deaths, the extent of destruction of property, the number of people who lost their place of residence, the extent of occupation of the territory, 16 ŽILINSKAS, Ginkluoto konflikto samprata, op. cit. 13, p. 92. 17 International Law Association. Use of Force Committee. Final Report on the Meaning of Armed Conflict in International Law, delivered at the Hague Conference (2010) http://www.ila-hq.org/index.php/committee- single, [accessed 22 May 2018], p. 33. 18 This association was founded in Brussels in 1873. Its goals are “studying, interpreting and developing international public and private law.” It is an international non-governmental organization with consultative status in many UN specialized agencies. 19 Final Report on the Meaning of Armed Conflict, op. cit. 17, p. 2. 20 International Criminal Tribunal for former Yugoslavia. Prosecutor v. Dučko Tadić a/k/a “Dule”. Trial Opinion and Judgement of 7 May 1997. Case No. IT-94-1-T. http://www.icty.org/x/cases/tadic/tjug/en/tad-tsj70507JT2-e. pdf, [accessed 22 May 2018], para. 562., Final report on the meaning of armed conflict, op. cit. 17, p. 28. 21 Ibid, p. 30; ICRC. How is the Term “Armed Conflict” Defined in International Humanitarian Law? Opinion Paper, March 2008. http://www.icrc.org/eng/assets/files/other/opinion-paper-armed-conflict.pdf [accessed 22 May 2018], p. 3.

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