THE CONCEPTUAL FRAMEWORK OF INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS: AN ANALYTICAL STUDY IN LIGHT OF THE PROVISIONS OF INTERNATIONAL HUMANITARIAN LAW

Abstract

Armed conflicts are as ancient as humanity itself. While their classification into international and non-international categories is a classical issue that has generated extensive scholarly discourse and legislative regulation, the complexity of the subject—compounded by the emergence of conflicts with a special character—has rendered this a topic of contemporary urgency. Given the proliferation and entanglement of modern conflicts, it is impossible to delineate the scope of legal provisions without first providing a precise definition of the conflicts themselves.

The significance of this study is derived from its focus on conflicts that result in devastating casualties and losses—victims who may remain outside the scope of legally prescribed protection if the conflict is not properly classified. Consequently, this study aims to provide a definition of both international and non-international armed conflicts, from both legal and doctrinal perspectives, to ensure the protection of victims and to maintain international peace and security.

This paper addresses the legal and jurisprudential concepts of armed conflicts based on the findings of law and doctrine by posing the following research problem: What constitutes International Armed Conflicts, and what constitutes Non-International Armed Conflicts?

To address this problem, the study employs both the descriptive-analytical approach and the comparative approach, which are deemed appropriate for the subject matter. The study is divided into the following two axes:

 Axis One: The Nature of International Conflicts.

Axis Two: International Armed Conflicts and Non-International Armed Conflicts.