Conflict Classification and Conflict Typology Eric C. Sigmund Legal Advisor, IHL Dissemination

2  Why Conflict Classification Matters  Conflict Classification  Other Situations of Violence  IACs  NIACs (& Typology)  Large Group Exercise  Conclusion and Questions Agenda

3 IHL is a body of law that:  Limits the means and method of warfare  Protects those who do not or who no longer take part in the hostilities  Applies only during armed conflict Why Conflict Classification Matters

Geneva Conventions I-IV Additional Protocol I (if ratified) Customary International Law Common Article 3 of GCs Additional Protocol II (if ratified) Customary International Law Human Rights law (gap filler) International Armed ConflictNon- International Armed Conflict

“Other Situations of Violence” 5  IHL does NOT apply to other situations of violence including:  Riots  Criminal Activity  Sporadic Acts of Violence  Governing Law: - Domestic Law - Human Rights Law

Conflict Classification: IACs 6 Common Article 2: “…the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if a the start of war is not recognized by on of them. The Convention shall also apply to all cases of partial or total occupation…even if the said occupation meets with no armed resistance.”

7 Scope of Protections: IACs The Geneva Conventions of 1949 have been adopted by all nations GC I: Wounded and Sick in the Field GC II: Wounded and Sick & Shipwrecked at Sea GC III: Prisoners of WarGC IV: Civilians AP I (if ratified)

Conflict Classification: NIACs  Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions  Hamdan v. Rumsfeld 548 U.S. 557(2006) 8

Conflict Classification: NIACs 9 “the determination of the existence of an armed conflict is based solely on two criteria: the intensity of the conflict and the organization of the parties, the purpose of the armed forces to engage in acts of violence or also achieve some further objective is, therefore, irrelevant.” – Limaj Case, ICTY (2005)

Conflict Classification: NIACs 10 Intensity Factors  Overall Duration of the conflict  Duration and intensity of individual confrontations  The type of weapons and other military equipment used  The number and caliber of munitions fired  The number of persons and types of forces fighting  The number of casualties  The extent of the material destruction  Number of civilians fleeing combat zones

Conflict Classification: NIACs 11 Organization Factors  Existence of a command structure and disciplinary rules  Chain of command with superiors responsible for actions of subordinates  Existence of headquarters  The ability to procure, transport and distribute arms  Ability to plan coordinate and carry out military operations  Ability to negotiate and conclude agreements

Scope of Protections: NIACs Common Article 3 Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. AP II (if ratified and applicable) 148/161

The Scope of Protections: IACs v. NIACs Geneva Conventions I-IV Additional Protocol I (if ratified) Customary International Law Common Article 3 of GCs Additional Protocol II (if ratified) Customary International Law Human Rights law (gap filler) International Armed ConflictNon- International Armed Conflict

Typologies of Non-International Armed Conflicts 14

Typology of NIACs: Spillover 15 Conflict originates in a single state and spills over to another. State A State B

Typology of NIACs: Cross-Border 16 Forces of a state are engaged in hostilities with a non-state party operating from the territory of a neighboring host state without that state’s control or support [Controversial Typology] EX: Israel v. Hezbollah in Lebanon State A State B

Typology of NIACs: Multinational NIACs 17 Armed conflicts in which multinational armed forces are fighting alongside the armed forces of a “host” state – in its territory – against one or more armed groups. EX: Afghanistan EX: UN forces or regional actors intervening

Dynamic Conflicts & Dual Classification 18 Armed Conflicts with a Dual Classification (“Internationalized Armed Conflicts”)  Balancing sovereign rights of states  Practical challenges

Proxy Conflicts 19 Effective Control – Nicaragua v. United States Overall control - Tadić (ICTY) “complete dependence” “made use of the potential for control inherent in that dependence” “equate for legal purposes with the forces of the [country] “participation, even if preponderant or decisive, in the financing, organizing, training, supplying and equipping…the selection of its [targets], and the planning of the whole of its operation, is still insufficient in itself…All the forms of…participation mentioned above, and even the general control…over a force with a high degree of dependency on it, would not in themselves [by sufficient]. “The control required by international law may be deemed to exist when a State…has a role in organizing, coordinating or planning the military actions of the military group, in addition to financing, training, and equipping or providing operational support for that group.”

Practical Exercise 20 1.US Invasion of Afghanistan 2.Afghanistan Today 3.Iraq, initial invasion 4.Iraq, overthrow of Government & CPA 5.Pakistan, UBL Strike 6.Colombia 7.Mexico

Review and Conclusion What did we discuss? 1. Two types of armed conflicts 2. Why difference matters 3. Typology of NIACs and dynamic conflicts 21

Questions? 22 Follow the ARC’s IHL team on Twitter Or our blog Humanity in the Midst of War And Visit our website