The distinctive features that separate International Armed Conflicts (IACs) from non-international armed conflicts (NIACs) under IHL are the structure and status of the parties involved, the threshold of intensity required to constitute an armed conflict and the applicable norms. The classification of the use of armed force as an armed conflict imposes duties on states under IHL that would not be applicable otherwise. Tadić, 3 ICTY, The Prosecutor v Dusko Tadić, Appeals Chamber, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, IT-94-1-AR72, 2 October 1995 the International Criminal Tribunal of Yugoslavia (ICTY) provided the general definition of an armed conflict as existing: “whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organized armed groups or between such groups within a State.” 4 Ibid 70. How a conflict is classified determines the scope of protections under IHL, as well as the jurisdiction of the International Criminal Court (ICC) and ad hoc tribunals established by the UN Security Council. Although the overall objectives of IHL are the same regardless of the nature of a conflict, there are a number of key differences that make classification important. Specifically, it aims to protect those who do not take part or cease to take part in hostilities during an armed conflict.
What is International Humanitarian Law? 2004. IHL lays down a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. The classification of armed hostilities determines whether or not International Humanitarian Law (IHL) applies, and to what extent it provides protections to different actors in an armed conflict.
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