This presentation recognises two categories of armed conflicts. It further describes the applicability of the conventions specially where it is non international in the strict sense of the term.

1. INTERNATIONAL ARMED
CONFLICT

2. PRESENTATION BY
Major General Nilendra
Kumar
President,
Akhil Bhartiya Vidhi
Pradhaypak Sangam

3. IHL recognizes two different categories of
armed conflict. The reference point for
distinguishing between the is the State border.

4. An international armed conflict occurs when
one or more States have recourse to armed
forces against another state, regardless of the
reasons or the intensity of this confrontation.
No formal declaration of war or recognition of
the situation is required.
WHAT IT IS?

5. As soon as the armed forces of one state find
themselves with wounded or surrendering
members or civilians of another state on their
hands.
As soon as the detain POWs or have actual
control over a part of the territory of the
enemy state.
APPLICABILITY OF CONVENTIONS STARTS

6. 1. Why force was used?
2. Whether there was any justification for
taking up weapons?
3. Whether the use of arms constituted a
naked aggression?
4. Whether or not the party attacked resists?
QUESTIONS NOT RELEVANT

7. 5. The number of wounded or prisoners.
6. The size of territory occupied.

8. There are no quantitative considerations.

9. The requirement of protection does not
depend on the quantitative considerations.

10. When the conflict is over, i.e.,
1. All POWs have been repatriated.
2. All civilian internees set free; and
3. All occupied territories liberated.
WHEN DOES IHL CEASE TO HAVE ANY
EFFECT?

11. I supplements the protection afforded by
the four Geneva Conventions in
international Armed Conflicts.
ADDITIONAL PROTOCOL

12. It provided protection for wounded, sick
and shipwrecked civilians and civilian
medical personnel.

13. Additional Protocol I extends the definition of
international armed conflicts to include armed
conflicts in which people are fighting against
colonial domination, alien occupation or racist
regimes in exercise of their right to self
determination
AP I

14. API also contain rules on the obligation
to search for missing persons and to
provide humanitarian aid for the civilian
population. Fundamental guarantees are
provided for all persons, independently
of their Status.

15. In addition, API codified several rules on
protection for civilian population against
the effect of hostilities.

16. Wars of national liberation have been
considered to be international armed
conflict.

17. If there is an armed conflict between two
or more States, then international
humanitarian law is automatically
applicable, whether or not a declaration
of war has been made, and immaterial of
whether the parties to the conflict have
recognised that there is a state of war.

18. The term is understood to mean, in the
context of international armed conflict,
those persons who, while national of
belligerent nations, have ceased to fight
owing to wounds, are shipwrecked, or
have voluntarily laid down their arms,
military and civilian captives, and finally
civilians in the power of adversary.
DEFENCELESS

19. ANY QUESTIONS?

20. THANK YOU

21. @ COPYRIGHT
Major General
Nilendra Kumar