Essay Writing Help on Non-International Armed Conflict

Non-International Armed Conflict

Introduction

Non-international armed conflict refers to hostilities that occur within boundaries of a single nation and involving the government troops and dissident factions.[1] There are two major legal sources of NIAC, which include Common Article 3 and Article 1 of Additional Protocol II and they are meant to provide minimum protections that should be accorded to all persons that are not party to the confrontation or who are no longer participating in it. They are meant to provide humanitarian, non-discriminatory treatments to civilians, the armed forces or rebels that have been captured, injured or surrendered, and prohibit violent acts towards them.

These laws also make provisions for the involvement of a non-bipartisan humanitarian body that will help the victims of conflict from all the sides of the fighting parties. For instance, the International Committee of Red Cross (ICRC) has the mandate to confidentially inform all the parties of the rules and obligations expected of them to comply with during the period of conflict. The information is either transmitted using letters or memoranda to the warring parties or through press release in case the parties cannot be reached. Sometimes, the provisions in these sources of law are not adhered to just like in the case of Taliban and ISIS, which might be attributed to other factors, including ignorance of the existence of these laws. That is where the international civic tribunals also come in to detain and prosecute people that have violated the provisions envisaged in the law.

International Humanitarian Law (IHL) is intended to take effect in a case of war to provide guidelines, prohibitions and obligations that the conflicting parties are expected to adhere to. However, IHL needs the political will of the countries involved for their state of affairs to be regarded as armed conflict, in attempts to facilitate this law to take force. Non-international armed conflicts have caused massive ruin of material goods, death and injuries to many victims caught up in the violence. It is the mandate of the international laws to protect humanity by providing the necessary aid such as food and medical care, as well as pass laws to limit the effects of violence committed during wars and armed conflicts. Recently, terror groups such as Taliban and ISIS have carried out violence acts on people as they fight for territories to impose their rules and conquer the territories to become Islamic states. The international society has devised regulations that counteract their actions and protect the victims of the violence through bodies such as the Geneva Conventions, Red Cross, and civil tribunals.

Non-International Armed Conflict

Definition of a Non-International Armed Conflict

Non-international armed conflict (NIAC) refers to armed confrontation that occurs within the boundaries of a single nation often between government troops and non-governmental/ rebel factions or one involving these entities themselves within a country, and without the involvement of the armed forces of other nations against the central government.[2] However, internal obstructions of peace and unrest within the country, like sporadic violent acts do not amount to NIAC.

The conceptual description of NIAC has made it challenging for individuals to clearly differentiate between interference of peace and armed confrontation. Therefore, there is heavy reliance on the political will of countries to categorize the situation they are facing as an armed conflict. In order to classify a situation as a NIAC, there are two guiding variables that it has to achieve: the hostile conditions have to reach a determined minimum threshold of intensity and structure in collective character, and secondly, the involved parties must exhibit a certain level of organization.[3]

NIAC does not comprise confrontations where two or more nations engage one another and does not also include conflicts that extend to the territories of those countries. Whenever a foreign country gives its military aid to the authorities of a nation within which NIAC is going on, the conflict shall remain non-international in nature.[4] On the other hand, if a foreign country sends its military aid to an armed entity opposing the legitimate government, then conflict will be international in nature.

The Sources of the Law of Non-International Armed Conflict

Common Article 3 to the Geneva Conventions of 1949

Common Article 3 is one of the two major legal sources and particularly applies to conflicts that are not international in nature; that is, armed conflicts between the authorities of a nation and rebel factions or the confrontations that occur among such groups themselves.[5] It is the one legal source that has been largely used to give an abstract definition to NIAC through some criteria fashioned from practice. One of such criteria is that the parties to the confrontation have to be identifiable in that they must display a certain minimum level of organization in their structure and include a chain of command. The armed conflict ought to also exhibit a certain minimal intensity in that the participating entities have recourse to their military means and the duration of the confrontation is also a determining factor.[6] Hence, Common Article 3 is not applicable to circumstances that portray internal interruption of peace and tensions like random violent activities. The application of these provisions in all the cases of NIAC will not pose any interference to the legal position of the participant groups.

Common Article 3 lays out the minimum protection that must be accorded to all the individuals that are not or who are no longer actively participating in the hostilities, especially civilians, the armed factions of either party that have been captured, injured or have surrendered. Common Article 3 is meant to provide humane and non-discriminatory treatment to such individuals by prohibiting violent acts towards them in terms of mutilation, torture, and murder, hostage taking and acts against personal dignity like degrading/ humiliating treatment.[7] It also prohibits the decisions on passing judgments and executions exclusive of going through a regular constituted court that is believed to provide all the indispensable legal provisions. It imposes an obligation on the confronting parties to gather all the injured and sick persons and to care for them and also allows an impartial humanitarian body like the Red Cross to provide its services to all the parties in the conflict.[8]

Article 1 of Additional Protocol II (1977)

Protocol II Additional is the second major legal source and was specifically put into law to cater for certain situations in NIAC such as to strengthen protection beyond the minimum provisions originating from Common Article 3.[9] However, the Protocol II Additional only takes effect in a case where it has been ratified by a country in NIAC meaning its scope is more restricted compared to Common Article 3. It affects armed conflict. which that occurs within the territories a government, amid the forces and the rebel factions or other organized armed entities that have conscientious structural command, which aids them in carrying out unrelenting and resolute military functions and to employ this protocol.

This definition restricts the conception accorded to NIAC under the requirements of Common Article 3 in that it introduces the aspect of territorial control requirement, which the non-governmental parties to the conflict must exercise as to facilitate their ability to fulfill sustained and intensive military operations.[10] Moreover, the Protocol II can only be directly applied to armed hostilities that involve the authorities of a nation and the rebel factions. Protocol II Additional is divergent from Common Article 3 in that the Protocol is not applicable to armed confrontations that only occur between non-state organized armed entities. This implies that the Protocol II Additional acts to develop and supplement the provisions stipulated under the Common Article 3, without attempting to modify or influence its predetermined conditions of application.

Just like in Common Article 3, it gives provisions for humanitarian and non-discriminatory treatment of all the individuals that no longer participants in the hostilities.[11] However, it expounds on the minimum provisions for protection under the Common Article 3 by prohibiting collective punishments, terrorist actions, assault, and humiliating treatment, imposed slavery and pillage. Protocol II Additional spell out specific provisions for the protection of particular categories of individuals like children, persons that are persecuted for criminal offenses, injured/ sick persons, civilians, medical and religious persons, as well as persons denied liberty for reasons related to the conflict.[12] It prohibits attacks on the civilian peoples, inappropriate acts like starvation as a means of warfare and forced displacement of populations.

The regulations under the IHL fill certain important gaps in the regulation of NIAC and this has been facilitated by the consideration of several provisions of the Additional Protocol II as of customary international law, hence binding on all involved parties to NIAC. The regulations include prohibiting attacks on the civilian population, obligating respect and protection of medical and religious personnel, medical units and transportation devices, prohibiting starvation, attacks on indispensable objects that support the survival of civilians, obligating respect to the fundamental guarantees of individuals who are not part or no longer active in the conflict.[13] It also includes the obligation on the parties involved to look out for, protect and respect the injured and the sick, to collect the dead, to protect people deprived of their autonomy, prohibition of forced relocation of civilian population and specific protection of vulnerable groups like women and children.

Other sources of law of NIAC include:

  1. Convention on Certain Conventional Weapons (1980)
  2. Convention on Certain Conventional Weapons – CCW (1980)
  3. Statute of the International Criminal Court (1998)
  4. Chemical Weapons Convention- CWC (1993)
  5. Hague Convention for the Protection of Cultural Property (1954) along with its 1999 Second Protocol.[14]

These additional sources of law are concerned with the protections of victims, through prohibitions, regulations and obligations; for instance, the CWC prohibits the utilization of booby-traps and landmines.[15]

The customary IHL provides some extra provisions that go beyond the regulations found in these two major sources of law. Through practice, extra customary regulations which relate to the conduct of the involved parties were incorporated. For instance, there is a clear distinction between civilian objects and military objects, ban of indiscriminate attacks and those that violate the principle of proportionality, rules on definite protected people and things like journalists and secured zones, as well as the rules that govern specific methods of warfare.

There are also other provisions by the international human rights law, which complement the IHL and also give protection to the vulnerable groups in such circumstances. Additionally, there is domestic law which takes effect in the state where the confrontations are ongoing.[16] It also provides some more protections and limits on behavior, and the provision of a framework of safeguards that all the parties are obliged to respect in the circumstances of NIAC.

Characterization of the Armed Group

Taliban

Taliban is an armed group that was founded in 1994 by Mohammed Omar, who is still the spiritual leader of the group that gained diplomatic recognition in United Arab Emirates, Pakistan, and Saudi Arabia.[17] This group is an Islamic fundamentalist political movement that formed its regime in Afghanistan from September 1996 to the last month of 2001 in Kandahar city. This armed group is known for its strict enforcement of the Sharia law and brutal treatment of the women that have attracted international interest to intervene and apply international legislation to curb their behaviors particularly on the matters of harsh treatment of the women. It is believed that this group is primarily controlled by the Pashtunwali fundamentalism on issues involving the communal and cultural norms.[18] After acting as a militia group until 1996, and as a government until 2001, the group is currently termed as an insurgence because of how it has spread and their cruelty in handling mankind following strict Sharia laws. Taliban is, however, not as brutal as ISIS and it is also very secretive in its operations, unlike ISIS which uses modern technology of telecommunication and social networks to spread messages concerning their attacks.[19]

The international officials were furious and accused Pakistan of funding this group to enable its carry out its criminal activities on people. However, Pakistan claims that it ended offering financial and material support to Taliban after the occurrence of 9/11 attacks. This armed group has been receiving support of finances from Saudi Arabia and troops of fighters that group have been imported from Central Asia and Arab countries by the Al-Qaeda group.[20] When this group took over as the government, it committed a number of atrocities against its people by killing them, conducting a policy of scorched earth whereby they burnt huge chunks of fertile land leaving tens of thousands of families homeless and others dead. The US and UN community was against the Taliban regime that violated human rights and mistreated women, prompting them to intervene and offer humanitarian aid to the victims of the group’s attack. In their regime, which lasted from 1996 to 2001, they also denied United Nations food supplies intended to help over one hundred and sixty thousand people civilians that were starving from their heinous acts.[21] These atrocities saw massive numbers of civilians take off to UN front-controlled territories of Iran and Pakistan.

Taliban group was attacked and overthrown by the America-led invasion of Afghanistan, and it recuperated to battle as a rebellion in 2001. These attacks cause the group to use terror attacks tactics and in support of their allies, they caused massive deaths and destruction of property of many civilians. In 2006, the attacks by the Taliban group escalated as suggestions showed that the combatants in Afghanistan had been defeated in their control of supremacy and manipulative strategies on other armed groups.[22] The matter was made worse by the continued support from some of the tribes in Pakistan, the finances from the drug trade, support from NATO forces and the continued long history of their trait of resistance and isolation that gave them survival abilities. They developed new and more dangerous attack techniques that were different from those they used back in 2001, such as suicide bombings.[23]

In order for the US and UK to successfully fight the Taliban group back, they introduced targeted killings for the group heads, using Special Forces and unmanned mid-air vehicles. This tactic was as well utilized by the Taliban group, and they managed to assassinate a considerable number of anti-Taliban leaders such as the Afghan president, Rabbani, and the police chief and commander.[24] The team later applied undercover operations such as the ‘jihad Kandahar’ to further commit their atrocities on the individuals who went against their rule. As a result, the group managed to abuse several human rights such as committing massacres, oppressing women, conduction trafficking in persons and terrorism against innocent civilians.

The Taliban group has received disparagement for their aggressiveness and strictness to the extent that the Muslims too, feel that the rules they impose have no basis in the Quran or Sharia laws. However, this group is not as aggressive as ISIS because its attacks are not comprised of cruel deaths such as the beheading carried out on ISIS captives, raping of their helpless victims including children, mass killings and torture of everyone including fellow Muslims particularly those they have zero tolerance for. Additionally, ISIS targets many people from around the world unlike Taliban which focused on mostly locals in Afghanistan.[25]  The Taliban’s Mullah Omar whose tilted as Amir al-Mu’minin received condemnation because it was evident he was uneducated, lacked tribal pedigree and he has no association with the family of the prophet.[26] The Taliban imposes strict rules especially on women and carries out public executions on people found guilty of numerous crimes like murder and infidelity. Omar, who received the Amir label since the heading was last given to another individual, Dost, back in the18th century, had affirmed jihad on fellow Afghans. This act, together with other atrocities committed to the people especially the Taliban demand for Zakat truckload tax raise from 2.5% to 20%, received much condemnation from Muslims.[27]

The governance of Taliban is autocratic and acts as a secret society with inexplicable and secretive ruling as directed by the Kandaharis. There are no elections held because the citizens of Afghanistan have no say regarding this oppressive ruling that has taken over in the major cities and highways. They claim that Sharia laws are not in support of politics and that’s why they pay no political official but just give them clothing, food and weapons as the prophet lived fourteen hundred years back.[28]

Isis (Islamic State of Iraq and al-Sham)

ISIS is in command of Iraq and Syria territories and manages regions in Egypt, Libya, some sections of the M. East, Asia and N. Africa.[29]. This Islamic group is an extremist rebel that proclaimed it to be a worldwide caliphate and it received much criticism from the UN, various regimes around the world as well as mainstream Muslim groups refusing to recognize its name as Islamic State. Majority of people both from Islam religion and non-Islam population, have disapproved of ISIS governance and its claim to represent Muslims because it is not representative of the religious doctrine. Abu Bakr al-Baghdadi became the Caliph and the group claim power over  all Muslims around the globe in all realms of political-military and religious ruling as well as overall legal groups, emirates, states and organizations as soon as the khalifas power and its troops arrive at their regions.[30]

The ISIS is accountable for breach of human rights in their operations and warfare crimes as stated by the global organizations like the UN, Red Cross, and Amnesty International. Unlike Taliban, ISIS has been termed as a terrorist group owing to the nature of their attacks, form of organization and general violation of human rights.[31] Freedom of religious beliefs for nations and regimes are widely accepted as long as their actions do not violate the rights of other human beings inside or outside the region. On the contrary, this group has been involved in atrocities such as ‘tribal cleansing,’ where they massacre people of particular ethnicities on a historical scale. Many nations around the world such as the US, UK, Malaysia, Canada, Australia, India, Syria, Turkey, and Egypt, among others, have termed ISIS as a terrorist group and over sixty nations are directly or indirectly waging war against the group. It first originated as Jama’at in 1999 and afterward in 2004 became the al-Qaeda in Iraq whereby it actively partook in the 2003 uprising that occurred in Iraq after the state was invaded in March.[32] Additionally, the group gained a considerable presence in the governorate of the Al-Anbar, Diyala and Baghdad in 2006 after it joined other Sunni insurgent teams that comprised the Council of Mujahedeen Shura that led to the triumphant creation of the Islamic State of Iraq (ISI).

ISIS is known for its notorious acts of merciless killings of innocent people and extensive use of the media to extend their misinformation and instill fear by uploading graphic materials of videos and pictures of their troops beheading their captives. Recently several soldiers, journalists, aid workers as well as civilian have succumbed to their torture and most of these have videos of their last minutes alive and their death process posted on the internet. The group is widespread and receives much funding from their allies to continue with their atrocities against humanity in order to impose their ruling and make their territories Islamic States.[33] Their notoriety increased when they managed to displace the Iraqi regime troops out of the major western cities in Iraq and when it conquered and carried out ground attacks against the Syria regime forces and rebels in the region during the Syrian Civil War. The group managed to capture and own these territories after the 2014 insurgency, that the US military and committee on foreign affairs depicted to be Al-Qaeda and Sunni re-emergence. These fatal hostilities almost collapsed the Iraqi rule and in order to overcome the conflicts, they required the Americans assistance to supplement them with military to help fight in the war.

The ISIS leadership consists of the al-Baghdadi, which is the sole head that is guided by a cabinet of advice-givers, and an addition two other deputy leaders that help in the process of governance. One deputy is located in Syria while the other is stationed in Iraq, together with twelve extra governors in both countries. Beneath this structure, there are councils who ensure the efficient running of the governance in various sectors such as finance, application of Sharia laws to the passed decisions, executions, media, security and military affairs, among others.[34] Most of these leaders are dominated by Iraqi natives, predominantly those that stem from Saddam Hussein’s administration. Security experts conclude that it is possible for the ISIS to rule in the areas they have conquered for a considerable amount of time because they have overthrown corrupt governance and replaced it with workable local governance. The local governance has increased adequate oil and a water supply, controlled wheat production, which is a major crop, produced in the locale and has restored regime services in the region.

The ISIS group firmly believes in an extreme interpretation of Islam as it is a Salafi extremist that finds satisfaction in promoting religious violence. It is ruthless to takfiri who do not believe in their Islam interpretation and regards them as infidels.[35] However, these Islamic laws and beliefs come second to their most valued criminal financial businesses that sustain their activities of religious violence. Their allies, particularly Yemen, Libya and Egypt, among others, have been significant supporters in funding the ISIS operations and other materials backing as well as put up ideological platforms that push them towards committing religious violence. On the other hand, ISIS gets more of its funding from illegitimate business such as illegal oil trade, extortion and drug trafficking.[36]

The Armed Conflict and International Law

When an armed conflict occur in a country, the IHL intervenes in attempts to limit the use of violence against the people by sparing those that refrain from participating in the hostilities and those that have already quitted fighting. Additionally, the international law can intervene in order to help resolve conflict’s aim by restricting the amount of hostilities required to achieve these objectives of these conflict by weakening the military potential of the opponent. To help those suffering in the conflict war-torn areas, the international laws prohibit inflicting of needless suffering to those who are not fighting such as civilians and journalists, as well as differentiate between the civilians and the combatants to efficiently offer aid to the affected and at risk inhabitants. The aspects of proportionality and necessity are put into concern when the international platform sends aid to the affected areas, as it plies it simple law that are based on common sense and obvious-sightedness that every individual can understand the basic tenets without much legal expertise. For instance, the international law asserts that during armed conflicts, people under the ruling government should be treated humanely, civilians who are not in the combat should not be attacked, those participating in the war should only be attacked on legal platforms and all victims should be protected according to the law. These laws are plainly clear and easy to understand, but the conflict groups such as Taliban and ISIS shows a lot of ignorance by violating these simple rules. The international law comprises of set of rules that have been arrived at by treaties or traditions in attempts to protect people, property and object that are likely to be destroyed by the armed conflicts in different regions around the world. These humanitarian laws are arrived at in institutions such as the Geneva Convention, and international civil tribunals, among others. Non-governmental organizations such as the renowned Red Cross are always helping people in war-torn areas with the health assistance, provision of food and clothing as well as moving the victims to more secure areas.[37] The importance of these laws is to curtail war’s effects by restraining its destructive outcomes and consequently minimizing human suffering, particularly of the non-combatants.

Under Geneva Conventions

The Geneva regulations were first arrived at in 1863 about the acceptable operations during war and weapon equipped conflicts. The historical norms are associated with humanitarian laws that date back to centuries in the prehistoric era, and were concerned about the guard of war victims and armed conflict.[38] The Geneva Convention, therefore, took several stages between 1864 and 1949 to present laws that would focus on the protection of civilians and those who had surrenders and could no longer participate in the war of armed conflicts. Following the World War II, the convention has gone through several reviews regarding the humanitarian laws and has arrived at provisions that prohibit specific war techniques tackle issues of civil wars. Several rules arrived at, in the Geneva Convention embrace the Amelioration of the people’s status, who suffer injuries or become ill while fighting in the military, during these conflicts. It also describes the suitable treatments of people imprisoned during the hostilities and describes the terms for acceptable handling of the ill-treated parties and also their security measures. The process of the Geneva Convention that started in 1864 has currently gained universal participation with one hundred and ninety-four parties around the globe, which is important as it applies to a majority of the international and non-international armed conflicts.[39] However, additional protocols need to be addressed, so that they can gain near-universal recognition because some of the most powerful nations as the US and significant military powers such as Iran and Israel, among others, are not part of the protocols.

The Geneva Convention also provides for the protecting powers, where a state that is not participating in the armed conflict can be allowed to look after the interests of a nation that takes part in the conflict. This mandate allows such countries to review the implementation of the convention and determine if the conflicting entities are adhering to the IHL.[40] They do so by visiting and assessing the war zones and prisoners of war and act in a way that advocates for their humane treatment and non-discriminate action towards the wounded and the civilians.

Even though the face of warfare has considerably changed from the times of Geneva Convention in 1949, it is still regarded as the foundation of the modern IHL. It is used to provide protection to combatants who withdraw from the conflict or surrender and the civilians who are caught up in the region of war, as it was witnessed in the armed conflicts of Afghanistan, Iraq invasion and Syrian civil war.

Red Cross

During the 28th December 2003 and 30th November 2007 Global Conference in Geneva, the International Committee of Red Cross (ICRC), discussed the challenges faced during the occurrence of armed conflicts and proposed appropriate actions to be taken, as well as their position and interest in the matter.[41] Issues such as advanced technology use in the war zones as well as Arms Trade Treaties were addressed to facilitate the performance of the international humanitarian laws on helping victims and suppressing the effects of the armed conflicts and wars. Red Cross Organization is concerned about international humanitarian laws, pointing out subjects that need to be adequately addressed, concerning the strength of detainee security and matters of the internally displaced individuals. Moreover, Red Cross highlights topics of the environment where the armed conflicts take place to be addressed by the global laws, as well as the mechanisms needed to comply effectively with the requirements of the International humanitarian laws.

The ICRC is in the forefront in terms of the role in formally informing all the parties immediately war breaks out and lets them know of the legal characterization of the situation as well as reminding them of the rules and their obligations under the provisions of IHL. All these information is usually spread through letters or memoranda that are given directly to the confronting parties in a confidential approach. In case contact with one or more of the involved entities is impossible, then the ICRC can do it through a public release.[42] Most importantly, the ICRC spreads information throughout the clash period- at the beginning and in-course of the fighting, and whenever a particular situations warrant it. By way of this, the ICRC provides a foundation for dialogue that is meant to encourage all the parties to comply with the IHL. Without these preliminary communications, a situation comes up that makes it rather difficult to invoke certain specific rules later, when violations have already taken effect.

According to the ICRC, withholding of relief during wars and armed conflict is an offense because it is a denunciation of humanitarian aid as documented in the international policies regarding humanity actions. Additionally, crimes against humanity, as well as genocides, are condemned by these laws during armed conflicts, and the perpetrators of these offenses stand to be prosecuted in the International Criminal Court. However, it is challenging to determine for sure that humanitarian assistance was denied intentionally, and such be analyzed based on the general conduct of the hostilities to determine the reason for withholding of humanitarian aid. Many of the armed conflicts such as the Taliban and the ISIS use the technique of withholding humanitarian aid to further oppress the captives and inflict more suffering on the civilians, causing them to flee to territories where they can access this assistance from organizations such as the UN and Red Cross. Though the laws are particular on the protection of the casualties, victims and civilians not in the combat, it sometimes becomes challenging to determine where an act of the combats was directly linked to a particular result such as injury or death of a person. Humanitarian organizations are not supposed to impede military operations during wars and armed conflicts but it is the requirement of the law for the victims of these conflicts to receive humanitarian aids such as food, shelter, and medical care. Since the Red Cross organization was established in 1863, it has helped people worldwide who have suffered the effects of armed conflicts and wars as well as stepped in to promote the laws that protect the casualties of war. The mandate to carry out these humanitarian duties stemmed from the Geneva Convention of 1949 and over the years, it has done remarkable job to intervene and help the victims of armed conflicts.

The role of International Civil Tribunals

International tribunals describe NIAC as a conflict that applies in situations where there is protracted armed fighting in the areas of a nation, between the authority forces and organized armed entities or hostility amid such groups. In many instances through the modern history, the international community has embraced international litigation as a means of avoidance, putting an end to an armed conflict or dealing with its consequences, but such litigation rarely produced significant effects till the last three decades.[43] However, it was not until the 1980’s that international civil tribunals become increasingly embraced in the cases of armed conflicts and sometimes producing splendid results. The tribunals are normally lawfully constituted through domestic judicial forums and function as means of holding trials that relate to internationally recognized criminal acts like those against humanity and other classes of offenses that occur during armed conflict. The tribunals often present several provisions that include detention, prosecution or other forms of punishment to individuals who have a hand in war crimes and other crimes defined by the international law, which are committed within the territories of a country that has enacted the tribunals act.

One of the most famous tribunals is the International Criminal Tribunal for the former Yugoslavia (ICTY), which gave a clarification on the international law in such a case; for instance, the ICTY ruled that all the grave breaches should not only apply to the international confrontations but also in NIAC and the provisions allow for prosecution by the United Nations through the International Court of Justice for all the countries, whether they are signatories or not to the Geneva Conventions.[44] However, not all the grave breaches are handled uniformly because the most serious crimes are legally defined as war crimes, while those in the 3rd and the 4th Geneva Conventions include acts like, willful deprivation of protection of an individual’s right to fair trial, forcing unwilling or protected persons to join in the hostilities or willingly causing great suffering to people through torture and inhumane treatments.

In most cases, defiance against the provisions of the laws like Common Article 3 are usually tried by the tribunals, like in the cases of Rwanda and Yugoslavia. This is also reinforced by the international Criminal Court (ICC) that has listed all the violations of law applicable to NIAC. The tribunals are usually composed of a council of judges from different regions in order to constitute as extensive geographical basis as possible in terms of leaders of the member states and also a consideration of the national legal systems represented.

Conclusion

Armed conflicts of groups such as the Taliban and the ISIS have contributed to massive destruction of property, injuries and deaths of people, as well as displacement of civilians from their land to other places to find humanitarian assistance. The atrocities performed by these weapon-equipped groups have attracted worldwide interest and created the need to intervene and set up policies that limit the effects of the conflicts. However, these groups often defy such laws, and occasionally they deny international aid from reaching victims of the violence. These groups are structured to form a governance hierarchy, which is used to make decisions, pass laws and implement these guidelines that direct the group and the territories captured. The international laws through the Geneva Convention, Red Cross, and civil tribunals have come up with policies that are aimed to protect humanity in cases of war and armed conflicts, as well as lessen the effects of war in the affected areas. In cases where the atrocities against civilians are too grave, the international community through the United Nations usually has a sitting to determine the way forward, even if it means military action. The individuals who take part in these atrocities are normally tried through international tribunals and their provisions are enforced by the ICC, which spells out and categorizes the forms of violation of law that apply to NIAC.

Works Cited

Find Legal Answers (FLA). “Information about the Law in NSW: Non-international armed conflict,” Library Council of New South Wales, 2012. Web. 5 Mar. 2015. <http://www.legalanswers.sl.nsw.gov.au/guides/hot_topics/intnl_humanitarian_law/non_intl_armed_conflict.html>.

International Committee of the Red Cross (ICRC). “How is the Term “Armed Conflict” Defined in International Humanitarian Law?” Opinion Paper, March 2008, Web. 5 Mar. 2015. <https://www.icrc.org/eng/assets/files/other/opinion-paper-armed-conflict.pdf>.

Michelle, Mack and Jelena, Pejic. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts,” February 2008. Web. 5 Mar. 2015. <https://www.icrc.org/eng/assets/files/other/icrc_002_0923.pdf>.

Rashid, Harun. “Taliban and ISIS — The Difference.” The Daily Star. Web. 8 Mar. 2015. <http://www.thedailystar.net/taliban-and-isis-the-difference-63849>.

Schmitt, Michael, Garraway, Charles and Dinstein, Yoram. “International Institute of Humanitarian Law (IIHL): The Manual on the Law of Non-International Armed Conflict with Commentary,” Drafting Committee, 2006. Web. 5 Mar. 2015. <http://www.iihl.org/iihl/Documents/The%20Manual%20on%20the%20Law%20of%20NIAC.pdf>.

Skillicorn, David. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015).

The Wall Street Journal, “Islamic State Economy Runs on Extortion, Oil Piracy in Syria, Iraq.” WSJ. Web. 8 Mar. 2015. <http://www.wsj.com/articles/islamic-state-fills-coffers-from-illicit-economy-in-syria-iraq-1409175458>.


[1] International Committee of the Red Cross (ICRC). “How is the Term “Armed Conflict” Defined in International Humanitarian Law?” Opinion Paper (March 2008) 1.

[2] Mack, Michelle, and Pejic,.Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 8.

[3] Mack, Michelle, and Pejic,.Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts,” (February 2008) 8.

[4] International Committee of the Red Cross (ICRC). “How is the Term “Armed Conflict” Defined in International Humanitarian Law?” Opinion Paper  (March 2008) 1.

[5] Mack, Michelle, and Pejic,.Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 7.

[6] International Committee of the Red Cross (ICRC). “How is the Term “Armed Conflict” Defined in International Humanitarian Law?” Opinion Paper  (March 2008) 1.

[7] ICRC 3.

[8] Michael, Schmitt, Charles, Garraway and Yoram, Dinstein. “International Institute of Humanitarian Law (IIHL): The Manual on the Law of Non-International Armed Conflict with Commentary,” (Drafting Committee, 2006) 46.

[9] Mack, Michelle, and Pejic,.Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 9.

[10] Michelle and Jelena 9.

[11] Michael, Schmitt, Charles, Garraway and Yoram, Dinstein. “International Institute of Humanitarian Law (IIHL): The Manual on the Law of Non-International Armed Conflict with Commentary.” (Drafting Committee, 2006) 14.

[12] Mack, Michelle, and Pejic. Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 9.

[13] Mack, Michelle, and Pejic, Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 10.

[14] Michelle and Jelena 9.

[15] Michelle and Jelena 9

[16] Mack, Michelle, and Pejic.Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 9.

[17] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[18] Skillicorn n.p.

[19] Harun, Rashid. “Taliban and ISIS — The Difference.” The Daily Star. N.p.

[20] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[21] Skillicorn 45.

[22] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[23] Michael, Schmitt, Charles, Garraway and Yoram, Dinstein. “International Institute of Humanitarian Law (IIHL): The Manual on the Law of Non-International Armed Conflict with Commentary.” (Drafting Committee, 2006) 7.

[24] Skillicorn n.p.

[25] Harun, Rashid. “Taliban and ISIS — The Difference.” The Daily Star. N.p.

[26] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[27] Skillicorn n.p.

[28] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[29] Skillicorn n.p.

[30] Skillicorn n.p.

[31] Harun, Rashid. “Taliban and ISIS — The Difference.” The Daily Star. N.p.

[32] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[33] Skillicorn n.p.

[34] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[35] David, Skillicorn. “Empirical Assessment of Al Qaeda, Isis, and Taliban Propaganda.” Isis, and Taliban Propaganda (January 7, 2015) (2015) n.p.

[36] The Wall Street Journal, “Islamic State Economy Runs on Extortion, Oil Piracy in Syria, Iraq.” N.p.

[37] The Wall Street Journal, “Islamic State Economy Runs on Extortion, Oil Piracy in Syria, Iraq.” N.p.

[38] Find Legal Answers (FLA). “Information about the Law in NSW: Non-international armed conflict.” (Library Council of New South Wales, 2012) n.p.

[39] Find Legal Answers (FLA). “Information about the Law in NSW: Non-international armed conflict.” (Library Council of New South Wales, 2012) n.p.

[40] FLA n.p.

[41] Mack, Michelle,and Pejic. Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 15.

[42] Mack, Michelle, and Pejic, Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 15.

[43] Find Legal Answers (FLA). “Information about the Law in NSW: Non-international armed conflict.” (Library Council of New South Wales, 2012) n.p.

[44] Mack, Michelle, and Pejic. Jelena. “International Committee of the Red Cross (ICRC): Increasing Respect for International Humanitarian Law in Non-international Armed Conflicts.” (February 2008) 19.