Conflict is the breeding ground for mass violations of human rights including unlawful killings, torture, forced displacement and starvation. There is a difference between war and conflict, yet at the same time the platform both of them share is unequivocally same. Conflict means more than a war. International humanitarian law (IHL), also known as the laws of armed conflict or the laws of war, has developed in order to mitigate the effects of such conflict. It limits the means and methods of conducting military operations. Its rules oblige combatants to spare civilians and those who no longer participate in hostilities, such as soldiers who have been wounded or have surrendered. IHL applies only during armed conflict; human rights law applies in war and peace.
Basically there is a clear distinction being made where there is a choice and use of the word “conflict” which could have been rather termed as war. But the Geneva Conventions makes this distinction to bring more clarity and mostly to showcase that the idea is not just about war but about difference.[1]
‘Internationalized’ armed conflicts: If a state intervenes with its armed forces on the side of another state in a non-international armed conflict, it is generally agreed that this does not change the qualification of the conflict. An armed conflict confined geographically to the territory of a single state can, however, be qualified as international if a foreign state intervenes with its armed forces on the side of the rebels fighting against government forces.
It is unclear, though, whether foreign military intervention in an armed conflict which would otherwise be a non-international conflict triggers the internationalization of the entire conflict or only the conflict between the two states. The better view is that there are two different types of conflict taking place at the same time.
The politics behind classification of armed conflicts as often brought about the failure of international humanitarian law in playing its part. Because of states’ interests, conflicts continue to happen with breaches of human rights and destruction of property continuing to happen. For international humanitarian law to play a crucial part, it needs to adapt and continuously evolve to cater for the changing dynamics of conflicts experienced today. The accounts of all that is happening worldwide, be it Pakistan, Afghanistan, Yemen, Lebanon, Syria , Kampuchea all brings us instances of armed conflicts and the necessity to question the role of humanitarian law in them.
- Anuttama Ghose, Assistant Professor of Law, Indian Institute of Legal Studies, Siliguri.
[1] Common Article 2 and 3 Geneva Conventions 1949; article 1 AP I; article 1 AP II.
