Данная статья описывает различные типы вооруженных конфликтов. Статья начинается с определения основных терминов и переходит к классификации вооруженных конфликтов на основе разных критериев, включая характер ведения боевых действий, участников, масштаб и цель конфликта. Статья содержит анализ каждого типа вооруженного конфликта. В целом, эта статья представляет собой полезный обзор для тех, кто интересуется проблемами международной безопасности и геополитическими конфликтами.
Ключевые слова: Гуманитарное право, классификация, вооруженный конфликт, международные вооруженные конфликты, немеждународные вооруженные конфликты.
Classification of armed conflict
Abstract: The classification of armed conflict is a complex and multifaceted topic that involves categorizing conflicts based on various factors, such as the level of violence involved, the identity of the parties involved, and the scope of the conflict. One common system for classifying armed conflict distinguishes between international and non-international armed conflicts. However, conflicts can often fit into multiple categories simultaneously, and there are many other factors that can influence the nature and dynamics of armed conflicts. The regulation of armed conflict is governed by a range of international treaties, agreements, and customary laws, which outline the standards for humanitarian treatment in times of armed conflict and aim to limit the scope and intensity of violence. Despite these efforts, armed conflicts continue to pose significant challenges to global peace and security, highlighting the need for ongoing research and dialogue on this important topic.
Key words: Humanitarian law, classification, armed conflict, international armed conflicts, non-international armed conflicts.
Introduction
The classification of armed conflict is a complex and important topic in international law and politics. Armed conflicts can take many different forms, involve diverse parties and motivations, and have wide-ranging impacts on individuals, communities, and even entire regions. Classifying armed conflicts is essential for analyzing the nature and causes of such conflicts, understanding the dynamics of violence and peacebuilding, and developing effective strategies for conflict prevention and resolution. In this context, scholars, policymakers, and practitioners use various criteria to classify armed conflicts into different categories.
The process of classification also involves distinguishing between international and non-international armed conflicts, which have different legal regimes and rules governing the conduct of hostilities. Moreover, the classification of armed conflicts is closely linked to the regulation and governance of these conflicts through international law, including the Geneva Conventions[1] and their Additional Protocols[2], the United Nations Charter[3], and other treaties and agreements. Understanding the classification of armed conflicts is therefore crucial for comprehending the complexities of global security and human rights, and for promoting peace and justice in a rapidly changing world.
International Armed Conflict
International Armed Conflict refers to a conflict between two or more states. It is defined by the Geneva Conventions of 1949 as «any difference arising between two States and leading to the intervention of members of the armed forces.»[4]. This definition has been widely accepted and applied in international practice.
The legal basis for International Armed Conflict can be found in several international legal instruments, including:
-The United Nations Charter[5]: Article 2(4) of the UN Charter prohibits the use of force against the territorial integrity or political independence of any state. However, under Article 51, states have the right to self-defense against an armed attack.
-Customary International Law[6]: Customary international law is based on the consistent practice of states over time, and is considered binding even if it is not explicitly codified in a treaty. The principle that armed conflicts between states are regulated by International Humanitarian Law has been recognized as part of customary international law.
-International Humanitarian Law (IHL): IHL is a set of rules designed to protect civilians, combatants who are hors de combat and property that is not being used for military purposes during armed conflict. IHL applies to both international and non-international armed conflicts, but the rules governing international armed conflicts are generally more comprehensive and detailed.
-The Geneva Conventions[7] and their Additional Protocols[8] provide the primary legal framework for International Armed Conflicts.
The conditions for an armed conflict to be classified as international are defined by International Humanitarian Law (IHL). According to IHL, an armed conflict is considered international if it meets the following conditions:
-The parties involved in the conflict are two or more states. This means that the conflict must be between different governments or de facto authorities that exercise control over a defined territory.
-The use of force by one state against another must be of a certain intensity and duration. This means that the armed conflict must involve a level of violence that goes beyond internal disturbances or acts of terrorism.
-The armed conflict must take place on the territory of at least one of the states involved. This means that the conflict cannot be limited to actions taking place outside the territories of the states involved.
These conditions are based on the idea that armed conflicts between states pose a distinct set of challenges and risks compared to other forms of armed violence, and therefore require specific legal frameworks and regulations.
Non-international armed conflict
Non-international armed conflict (NIAC) refers to an armed conflict that takes place within the territory of a single state, between the government and one or more non-state armed groups, or between such groups themselves. NIACs are also sometimes referred to as internal armed conflicts, civil wars, or intrastate conflicts.
NIACs are governed by a different legal framework than international armed conflicts, based on Common Article 3 of the Geneva Conventions[9] and Additional Protocol II[10]. These agreements outline the minimum standards for the humane treatment of persons who are not or are no longer taking part in hostilities, including civilians and combatants who have laid down their arms or been captured. The rules governing NIACs include protections for individuals and groups, such as the prohibition against targeting civilians and the obligation to treat detainees humanely.
The legal criteria for determining whether a situation constitutes a NIAC include:
-The existence of an armed conflict involving either the government of the state, or organized armed groups or both;
-The intensity of the conflict reaching a certain level; and
-The organized armed group(s) must control a part of the national territory.
In addition, IHL applies when a situation of violence has reached a certain level of intensity, regardless of whether it meets the criteria of a NIAC. NIACs can be complex and protracted and can involve multiple parties with conflicting interests and goals. They can have devastating effects on civilians, leading to displacement, deprivation, and loss of life.
Internationalized internal armed conflict
Internationalized internal armed conflict is a type of armed conflict where the intensity and involvement of external actors, such as other states or non-state actors, contributes to its transformation into an international armed conflict. This term is used to describe conflicts that have both internal and international dimensions, blurring the distinction between pure internal conflicts and pure international conflicts.
In practice, a conflict becomes «internationalized» when foreign actors provide direct military support to one or more parties to the conflict, such as by providing troops, weapons, training, or financing. Other forms of external involvement may include diplomatic or political support, economic sanctions, humanitarian aid, or peacekeeping operations.
Internationalized internal armed conflicts can be particularly challenging for legal frameworks, as they often involve complex political and legal issues related to sovereignty, intervention, and responsibility. In some cases, it may be difficult to determine which legal framework applies to a particular situation, for example, whether a specific rule of international humanitarian law or human rights law applies.
Despite these challenges, the international community has developed legal instruments and institutions to address internationalized internal armed conflicts. For example, the International Criminal Court (ICC) has jurisdiction over war crimes committed during international and non-international armed conflicts, including those with an international dimension[11].
Overall, internationalized internal armed conflicts represent a complex and evolving area of international law, reflecting the growing interconnectedness of conflicts across borders and the need for effective legal responses.
Alternative classification of armed conflict
In addition, IHL also recognizes certain other categories of armed violence, such as:
-Wars of National Liberation: These are armed conflicts waged by peoples under colonial or alien domination and in the exercise of their right of self-determination. The legal basis for these conflicts is outlined in UN General Assembly Resolution 3070 (XXVIII) of 30 November 1973[12].
Wars of National Liberation, also referred to as wars of independence or wars of liberation, are armed conflicts waged by groups seeking to overthrow colonial or foreign occupation, or to achieve self-determination or autonomy for a particular national, ethnic, or linguistic group.
The legal basis for wars of national liberation is found in various international legal instruments, including the United Nations Charter[13], which recognizes the right of all peoples to self-determination. This right has been further elaborated in subsequent international human rights instruments, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
However, it should be noted that the legality of wars of national liberation may depend on the specific circumstances under which they are waged. For example, the use of terrorist tactics or attacks against civilian populations could be considered illegal under international law, even if the underlying cause of the conflict is legitimate.
Overall, the legal basis for wars of national liberation reflects the recognition of the right of peoples to determine their own political status and pursue their economic, social and cultural development, free from external interference. However, this right must be balanced against other principles of international law, such as respect for the sovereignty and territorial integrity of states, and the protection of fundamental human rights.
-Transnational Armed Conflicts: These are conflicts that occur across borders, involving non-state actors engaged in organized violence against one or more states. The classification and regulation of transnational armed conflicts is a complex and evolving area of international law.
Transnational Armed Conflicts (TACs) are armed conflicts that take place between a state and non-state actors, or between non-state actors, across national borders or involving the territory of more than one state. TACs can involve various types of actors, including states, non-state armed groups, and international organizations.
One important feature of TACs is that they may raise issues related to extraterritoriality, jurisdiction, and State responsibility. For example, when a state conducts military operations against a non-state armed group on the territory of another state, questions may arise regarding the legality of such operations under international law, as well as the responsibility of the state whose territory is being used.
International human rights law may also apply to TACs, particularly in cases where the conflict has an impact on the civilian population or involves violations of human rights. Human rights treaties, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, provide specific protections for individuals against arbitrary detention, torture, and other forms of abuse, among other rights.
Overall, the legal basis for TACs reflects the recognition that armed conflicts may have transnational dimensions and may require the application of different legal frameworks to address the complex legal issues that may arise.
There are several alternative classifications of armed conflicts that have been proposed by scholars and practitioners in the field. Here are a few examples:
-Global vs. Local Conflicts[14]: This classification distinguishes between global or systemic conflicts, which pose a threat to international stability and involve multiple actors across different regions, and local or regional conflicts, which are more limited in scope and impact.
-High-Intensity vs. Low-Intensity Conflicts[15]: This classification distinguishes between high-intensity conflicts, which involve large-scale military operations and significant loss of life and resources, and low-intensity conflicts, which are characterized by more limited violence and less overt military engagement.
-Conventional vs. Unconventional Conflicts[16]: This classification distinguishes between conventional conflicts, which involve armies using traditional military tactics and weapons, and unconventional conflicts, which involve non-state actors using asymmetrical tactics such as guerrilla warfare, terrorism, or cyber attacks.
-New Wars vs. Old Wars[17]: This classification distinguishes between traditional, state-centered wars fought for political and territorial control, and «new wars» fought over issues such as ethnicity, identity, and economic gain, often involving non-state actors and causing significant humanitarian crises.
Conclusion
The classification of armed conflicts is a complex and constantly evolving field, with various approaches and frameworks proposed over the years. The traditional approach, based on the distinction between international and non-international armed conflicts, has been challenged by scholars who argue for a more nuanced and contextualized understanding of armed conflicts.
Some of the key factors that can affect the classification of armed conflicts include the nature and intensity of the violence, the actors involved, the geographical scope, and the duration of the conflict. Other important considerations may include the level of organization and coordination among the parties to the conflict, the degree of external involvement, and the impact on civilian populations.
The assessment of whether a particular situation constitutes an armed conflict will depend on a range of factors and requires careful analysis and interpretation of available information. While there is no definitive or universally accepted definition of armed conflict, a thorough understanding of the different perspectives and frameworks can help to inform meaningful discussions and support efforts to promote peace and stability in conflict-affected societies.
REFERENCES
- International Committee of the Red Cross (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75 UNTS 287, available at: https://www.refworld.org/docid/3ae6b36d2.html
- International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3, available at: https://www.refworld.org/docid/3ae6b36b4.html
- UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No. 92-9227-227-6, available at: https://www.refworld.org/docid/3ae6b3a84.html
- United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI, available at: https://www.refworld.org/docid/3ae6b3930.html
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- UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at: https://www.refworld.org/docid/3ae6b3712c.html
- International Committee of the Red Cross (ICRC), Customary International Humanitarian Law , 2005, Volume I: Rules, available at: https://www.refworld.org/docid/5305e3de4.html
- UN General Assembly, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, 24 October 1970, A/RES/2625(XXV), available at: https://www.refworld.org/docid/3dda1f104.html
- UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171, available at: https://www.refworld.org/docid/3ae6b3aa0.html
- UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3, available at: https://www.refworld.org/docid/3ae6b36c0.html
- Buzan B., Wæver O., De Wilde J. Security: A new framework for analysis. – Lynne Rienner Publishers, 1998.
- Mack A. Why big nations lose small wars: The politics of asymmetric conflict //World politics. – 1975. – Т. 27. – №. 2. – С. 175-200.
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- Kaldor M. New and old wars: Organised violence in a global era. – John Wiley & Sons, 2013.
Информация об авторе:
Барышков Павел Евгеньевич — магистр Российского Университета Дружбы Народов (РУДН) (юридический институт, кафедра международного права). 117198, Москва улица Миклухо-Маклая 6, Москва, Россия.
Information about the author:
Baryshkov Pavel — master student of People`s Friendship University of Russia (RUDN) (law university, international law department). 117198, Moscow Miklukho-Maklaya str. 6, Moscow, Russia.
[1] International Committee of the Red Cross (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75 UNTS 287, available at: https://www.refworld.org/docid/3ae6b36d2.html
[2] International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3, available at: https://www.refworld.org/docid/3ae6b36b4.html
[3] United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI, available at: https://www.refworld.org/docid/3ae6b3930.html
[4] International Committee of the Red Cross (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75 UNTS 287, available at: https://www.refworld.org/docid/3ae6b36d2.html
[5] United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI, available at: https://www.refworld.org/docid/3ae6b3930.html
[6] International Committee of the Red Cross (ICRC), Customary International Humanitarian Law , 2005, Volume I: Rules, available at: https://www.refworld.org/docid/5305e3de4.html
[7] International Committee of the Red Cross (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75 UNTS 287, available at: https://www.refworld.org/docid/3ae6b36d2.html
[8] International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3, available at: https://www.refworld.org/docid/3ae6b36b4.html
[9] International Committee of the Red Cross (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 12 August 1949, 75 UNTS 287, available at: https://www.refworld.org/docid/3ae6b36d2.html
[10] International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3, available at: https://www.refworld.org/docid/3ae6b36b4.html
[11] UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No. 92-9227-227-6, available at: https://www.refworld.org/docid/3ae6b3a84.html
[12] UN General Assembly, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, 24 October 1970, A/RES/2625(XXV), available at: https://www.refworld.org/docid/3dda1f104.html
[13] United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI, available at: https://www.refworld.org/docid/3ae6b3930.html
[14] Buzan B., Wæver O., De Wilde J. Security: A new framework for analysis. – Lynne Rienner Publishers, 1998.
[15] Mack A. Why big nations lose small wars: The politics of asymmetric conflict //World politics. – 1975. – Т. 27. – №. 2. – С. 175-200
[16] Gray Colin S. Another Bloody Century: Future Warfare //London: Weidenfeld and Nicolson. – 2005
[17] Kaldor M. New and old wars: Organised violence in a global era. – John Wiley & Sons, 2013
