Legal Analysis of Armed Conflict under the International Humanitarian Law [IHL]

The law of armed conflicts applies to those who are participating in hostilities. To decide whether the IHL would govern over the situation of hostilities depends upon the situation amounts to an armed conflict under the IHL. There is no acceptance of the unitary theory of armed conflict. Still, it is recognized for classifying two kinds of armed conflicts: international or inter-state [IAC] and non-international (NIAC) or within the state. This research paper examines the peculiarity of these two categories of armed conflict and its validity. This paper also analyses the legal concept and distinction between NIAC and IAC, extra-territorial hostilities by one State against non-state actors, and conflicts in which transnational forces are engaged, called internationalized armed conflict.

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Publication Details

Journal
International Journal of Science and Research (IJSR)
Published
2024-11-05
DOI
https://doi.org/10.21275/sr241123145311
Primary Topic
Global Peace and Security Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Analysis of Armed Conflict under the International Humanitarian Law [IHL]

Vikas Gandhi
International Journal of Science and Research (IJSR)
Global Peace and Security Dynamics
article

Legal Analysis of Armed Conflict under the International Humanitarian Law [IHL]

Vikas Gandhi
article en

Abstract

The law of armed conflicts applies to those who are participating in hostilities. To decide whether the IHL would govern over the situation of hostilities depends upon the situation amounts to an armed conflict under the IHL. There is no acceptance of the unitary theory of armed conflict. Still, it is recognized for classifying two kinds of armed conflicts: international or inter-state [IAC] and non-international (NIAC) or within the state. This research paper examines the peculiarity of these two categories of armed conflict and its validity. This paper also analyses the legal concept and distinction between NIAC and IAC, extra-territorial hostilities by one State against non-state actors, and conflicts in which transnational forces are engaged, called internationalized armed conflict.

International Journal of Science and Research (IJSR)Vol. 13(11)
Openalex Percentile: Top 66%
Global Peace and Security Dynamics
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