The Law of Armed Conflict International Humanitarian Law in War

Chapter 5 explains the varieties of armed conflicts. Conflict status determines the law that applies to that conflict, including prohibitions and duties applicable to those involved. Conflict status is the first question a student should answer when looking at any armed conflict. This chapter details the factors that determine conflict status. Common Article 2 conflicts (the designation referring to the Article which is common to all four of the 1949 Geneva Conventions) are international armed conflicts. Those conflicts are discussed, as are common Article 3 conflicts, those between a nation and an armed opposition group – rebels or terrorists. Given that states beyond those directly involved may intervene, interfere, assist or impede one side or the other, this is a challenging but important chapter. It gives the student the information necessary to recognize any conflict’s status. Also discussed are recent developments in conflict classification, for example, gray zone conflicts and hybrid warfare, as well as the LOAC of cross-border terrorist attacks and the lawful ability of attacked state forces to pursue and engage those terrorists across a neighboring state’s border.