The Threshold Of Applicability Of International Humanitarian Law Cover Image

Праг примене међународног хуманитарног права
The Threshold Of Applicability Of International Humanitarian Law

Author(s): Zoran Radivojević, Vesna Knežević-Predić
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: Geneva Conventions; Additional Protocols; International Courts And Tribunals; International Armed Conflict; Non-International Armed Conflict

Summary/Abstract: Unlike the traditional law of war, which recognized only interstate wars, the threshold of applicability of International humanitarian law (IHL) is linked to armed conflicts whereas its substantive domain excludes the situations related to internal disturbances and tensions. The concept of armed conflict, introduced by the Geneva Conventions, reaffirmed by the Additional Protocols, and further reiterated in other international treaties and the jurisprudence of international courts, is broader and much more comprehensive than the traditional concept of war. It is a generic or “umbrella” term, which encompasses not only the international armed conflicts between states resorting to armed force but also the non-international conflicts resulting in armed violence either between the government authorities and organized armed groups or among such armed groups within the territory of a single state. During the last decade of the 20th and the beginning of the 21st century, the concept of armed conflict underwent a legal evolution progressing in two directions. The first one involves precise definition of the threshold of its application by setting the lowest limits of an armed conflict; thus, the threshold has become much clearer and more definable due to vigorous interpretation by the international judicial bodies. The second line of development rendered the internal structure of an armed conflict more complex by means of clarifying the concepts of an internationalized armed conflict and a mixed armed conflict. This has apparently strengthened the ability of IHL to identify and regulate situations typical of contemporary armed conflicts.

  • Issue Year: 2013
  • Issue No: 01
  • Page Range: 383-403
  • Page Count: 21
  • Language: Serbian