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International Laws of Armed Conflict Exam Notes
LAW4199 - International Laws of Armed Conflict
7 Found helpful • 70 Pages • Complete Study Notes • Year: Pre-2021
International Armed Conflict = IAC; non-intl armed conflict = NIAC. 1) What is the conflict status? Start: [X] will seek to establish that an IAC or NIAC exists so they may receive protections under IHL. Is the conflict international (IAC) or non-international (NIAC)? International Armed Conflict (IAC) IAC between 2 or more countries: As 2 or more Geneva Contracting Convention High Contracting Parties are fighting, it is a Common Art 2 IAC conflict. All 4 GC applies plus AP I for states that have ratified (Art 1.3) and CIL. NO NEED for threshold level for intensity (Art 2(1)). No need for declaration for IHL to apply on an objective criteria (Art 2). Characterised by the parties is irrelevant Does not need armed resistance – partial occupation is counted as IAC. Must differentiate IAC from armed incidents: A key indicia that it is not a IAC is because the incident between [X] and [Y] is not protracted. Both parties choose to consider what transpired as an incident and closed the issue. (NEED INTENTION OF STATE TO ENGAGE IN ARMED CONFLICT) o Distinguish from armed hostilities between States through their respective armed forces or other actors acting on behalf of the State whether reason is to initiate or for self-defence. o (Arguably include private military companies if they act on behalf of the state) Non-
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