What is a NIAC?

Non-International Armed Conflict (NIAC) These include armed conflicts in which one or more non-governmental armed groups are involved. Depending on the situation, hostilities may occur between governmental armed forces and non-governmental armed groups or between such groups only.

What is the meaning of military necessity?

Fundamentally and in its broadest interpretation, military necessity means that armed forces can do whatever is necessary—provided always that it is not otherwise unlawful under humanitarian law—to achieve their legitimate military objectives in warfare.

What are the main international humanitarian law rules governing hostilities?

Key principles of IHL governing the conduct of hostilities include: distinction, proportionality, precautions and prohibition of superfluous injury or unnecessary suffering.

What does outbreak of hostilities mean?

fighting; acts of overt warfare. “the outbreak of hostilities” synonyms: belligerency. type of: armed combat, combat. an engagement fought between two military forces.

What are some important differences between IAC and NIAC?

IAC exists whenever there is a resort to armed force between states. (GCs Common Art. 2, ICRC Commentary, and Tadic), while for NIAC, apart from the fact that parties to NIACs can include NSAs (either between NSA and governmental authorities, eg. AP II; or between NSAs themselves, Common art.

What is internationalized armed conflict?

An international armed conflict occurs when one or more States have recourse to armed force against another State, regardless of the reasons or the intensity of this confrontation. No formal declaration of war or recognition of the situation is required.

What are the principles of military necessity?

The “principle of military necessity” permits measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by international humanitarian law.

What is the purpose of LOAC?

Treat all people humanely and respect their fundamental rights. Provide for and do not harm those who surrender, are detained or are otherwise under your control.

Which of the following describes actions that are considered taking direct part in hostilities?

In order to constitute direct participation in hostilities, one’s actions must satisfy three criteria: a threshold of harm, a direct causal link between the act and the harm likely to result, and a belligerent nexus. 125 Page 2 non-State armed groups as performing a continuous combat function.

In what situations does humanitarian law apply?

When does international humanitarian law apply? International humanitarian law applies only to armed conflict; it does not cover internal tensions or disturbances such as isolated acts of violence. The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting.

What are war hostilities?

The term refers the physical, armed clashes between conflict parties. A detailed set of rules regulates the way in which parties can use force against their enemies: the rules on the conduct of hostilities.

What are examples of hostility?

The definition of hostility is an unfriendly or warlike feeling. An example of hostility is a high school bully locking a classmate in their locker. An example of hostility is a bomb exploding in a crowded marketplace. A hostile act.

What is the difference between international armed conflict and non-international armed conflict?

The distinction between international and non-international armed conflict is thus based on two factors: The structure and status of the parties involved is different. International armed conflicts involve sovereign states. In contrast, non-international armed conflicts involve states and organized armed groups.

What is IAC and NIAC?

The abbreviation IAC refers to cus- tomary rules applicable in international armed conflicts and the abbreviation NIAC to customary rules applicable in non-international armed conflicts.

What is internationalized intrastate war?

Conflict, intrastate with foreign involvement/internationalized. An armed conflict between a government and a non-government party where the government side, the opposing side, or both sides, receive troop support from other governments that actively participate in the conflict.

How does conflict get internationalized?

The factual circumstances that can lead to internationalization are numerous and often complex: the term internationalized armed conflict includes war between two internal factions both of which are backed by different states, direct hostilities between two fo- reign states that militarily intervene in an internal …

Are civilians are entitled to engage in hostilities?

Civilians. According to customary international law, only members of the armed forces of a party to a conflict can take part in hostilities, and the law has always attempted to draw a clear distinction between the lawful combatant, who may be attacked, and the civilian, who may not.

What is imperative military necessity?