About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 J. Conflict & Sec. L. 63 (2001)
Armed Conflicts: International or Non-International

handle is hein.journals/jcsl6 and id is 69 raw text is: © 2001 OXFORD UNIVERSITY PRESS ARMED CONFLICTS: INTERNATIONAL OR NON- INTERNATIONAL? Christine Byron* 1 INTRODUCTION When prosecuting or defending an individual accused of breaching the laws of war a preliminary, yet important, issue is determining whether the conflict was inter- national or non-international. In many instances the differentiation between types of conflict will be clear. No one would contest that the Falkland/Malvinas conflict was an international one, nor would most question the classification of the recent conflict in Sierra Leone as non-international. The complexities of classifying the conflicts on the territory of the former Yugoslavia, however, more than aptly demonstrate the need for a workable test in order to decide whether a conflict which prima facie appears to be internal, is in fact international. The International Criminal Tribunal for the former Yugoslavia has to date adju- dicated this question in one interlocutory Appeal Decision, three Rule 61 hearings, four Trial Judgments and two Appeal Judgments. Its varied jurisprudence, includ- ing Dissenting and Separate Opinions on this issue, has demonstrated the diffi- culties of divining the nature of such a conflict and the need to find a solid legal basis for a workable test to apply in ambiguous situations. This article will initially analyze the importance of classifying a conflict as inter- national or internal. Subsequently, the approaches to conflict classification taken by the ICTY will be discussed in depth, with a view to determining the relevant issues to be taken into account, and the possible tests which may be applied to future con- flicts by the International Criminal Court and other Ad Hoc tribunals or national courts. Finally the consequences of the internationalization of a conflict which appeared prima facie to be non-international will be considered. 2 REASONS FOR CLASSIFICATION OF ARMED CONFLICTS - DIFFERENCE IN THE APPLICABLE LAW? It is important to determine the extent to which the protection of international humanitarian law differs between international and non-international armed con- flicts. Evidently, the law that determines whether a conflict is international or not is only of interest if there is a difference between the law applicable in each situation. * Ph.D. Candidate, School of Law, University of Liverpool. The author wishes to thank Professor Dominic McGoldrick and Mr. David Turns for their helpful comments on earlier drafts of this article. Any remaining errors are the author's sole responsibility. JOURNAL OF CONFLICT AND SECURITY LAW (2001), Vol. 6 No. 1, 63-90

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most