Defining Armed Conflict in International Humanitarian Law

By Gertrude C. Chelimo
2011, Vol. 3 No. 04 | pg. 3/3 |


The behind classification of armed conflicts as often brought about the failure of international humanitarian law in playing its part. Because of states’ interests, conflicts continue to happen with breaches of and destruction of property continuing to happen. For international humanitarian law to play a crucial part, it needs to adapt and continuously evolve to cater for the changing dynamics of conflicts experienced today.


Chadwick (1996) Self determination, and international humanitarian law, 1st ed. Hague: Martinus Nijhoff Publishers

Cullen, A. (2010), The Concept of Non-international Armed in international humanitarian law, Cambridge studies in and comparative law, 66: 1-10

Duxbury, A. (2007), Drawing Lines in the Sand- Characterizing conflicts for the purposes of teaching International humanitarian law, Melbourne Journal of International law, volume 8: 1-14

Galicki, Z. (2005), International law and terrorism, American Behavioral Scientist, 48(6):743-757

Geneva Conventions (1949), Convention for the Amelioration for the Wounded and Sick in Armed forces in the field

Sassoli, M. (2006), Transnational armed groups and international humanitarian law, Harvard University, 6:1-50

Stewart, G.S. (2003), Towards a single definition of armed conflict in international humanitarian law: A critique of internationalized armed conflict, 85(850):313-350

Vite, S. (2009), Typology of armed conflicts in international humanitarian law: legal concepts and actual situations, International Review of the Red Cross, 91(873): 69-95

ICRC (2008), How is the term armed conflict defined in international humanitarian law, Opinion Paper, Geneva

ICRC (2007), International Humanitarian Law and the challenges of contemporary armed conflicts, Geneva, (30IC/07/8.4)

League of Nations (1938), Convention for the Prevention and Punishment of terrorism (C.546(1).M383(1))

United Nations (1974), Definition of Aggression General Assembly Resolution 3314, New York: United Nations

United Nations (2010), Report of the Office of the High Commissioner on the outcome of the expert consultation on the issue of protecting the human rights of civilians in armed conflict, New York: United Nations (A/HRC/14/40)

United States District court for the District of Columbia Civil Action No. 04-1519 (JR)

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