Armed Conflict

The beginning of an armed conflict commences with previous and explicit warning by a declaration of War or similar ultimatum with condition of war. This is a traditional evolution of conflict between states. Modern evolution of conflicts between states occurs with the existence of a situation rendering the law of war provisions applicable by

non international armed conflict or internal armed conflict. The rule is that a conflict can escalate with regards to parties and/or state involved. Armed forces concerned, tactics and means of combat used.

The escalation can affect one, several or all of the above fields. A conflict can evolve by the escalation or lessening of its intensity.  It can simultaneously escalate in one field and de-escalate into another. To constitute an internal armed conflict in general, such a conflict which is not of an international character only needs to occur in the territory of a state. Article 3 of the Geneva Convention of 1949 and Article 4 of the Hague convention will apply in such situation. The following requirements must be present:

ü  A minimum intensity of violence more than internal disturbances and tensions such as riots and sporadic acts of violence.

ü  A minimum of military organization, responsible command and ability to respect the law.

ü  A minimum control of territory tenably sustained and concerted military operations.

 But as regards international armed conflicts, there is no minimum intensity of violence of fighting. However, an initially non-internationally armed conflict can through increased support from the exterior e.g. first only supplies and forcefully combat unit become an internal armed conflict or fully international armed conflict of the armed forces of different states opposing each other.

An armed conflict starts between two or more states and can be international from the beginning. An armed conflict can involve only a small part of the existing armed forces on a large scale involving only the armed forces from the beginning. Also, an armed conflict may be ended through an armistice. This is a method through which military operations between the opposing belligerent parties are suspended. It can be general or local. If the duration of the armistice is not defined, the belligerent parties may resume operations at any time subject to previous warning in accordance with the terms of the armistice. In case of serious violation of the armistice by one belligerent party, the opposing party may denounce it and in case of emergency, recommence hostility immediately. However, active hostilities may commence upon a formed agreement between the belligerent parties e.g. capitulation or general close of military operations. The war may be ended formally with a peace treaty or informally by restoring normal relations e.g. this may happen after an armistice.

There are certain crimes which are usually associated with armed conflict and they include the following:

Crime of Genocide

By the Rome statute establishing the International Criminal Court (ICC), Genocide means any of the following acts committed with the intent  to destroy in whole or in part a National, ethnical, racial or religious group such as:

ü  Killing members of the group

ü  Causing serious bodily or mental harm to members of the group.

ü  Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.

ü  Imposing measures intended to prevent births within the group.

ü  Forcibly transferring children of the group to another group.

Crimes against Humanity

Article 7 of the Rome Statutes defines crimes against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attacks:

ü  Murder

ü  Extermination

ü  Enslavement

ü  Deportation of forcible transportation of population.

ü  Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.

ü  Torture

ü  Rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity.

ü  Prosecution against any identifiable group or collectivity of political, racial, National, ethnic, cultural, religious, Gender or other crimes that are universally recognized as impermissible under international law.

ü  Enforced disappearance of persons.

ü  Crime of apartheid.

ü  Other inhuman acts of a similar character intentionally causing great suffering or serious injury to the body or mental and physical health.

The Outer Space treaty of 1967

This is an international legal framework of space law which bars states party to the treaty from placing weapons of mass destruction in orbit of Earth , installing them on the moon or any other celestial body, or otherwise stationing them in outer space. It exclusively limits the use of the moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations and fortification. However, the treaty does not prohibit the placement of conventional weapons in orbit. The treaty also states that the exploration of outer space shall be done to benefit all countries and shall be free for exploration and use by all states.