Legal qualification of internationalized internal armed conflicts

Authors

  • Rami Layka Tishreen University

Abstract

Internationalized armed conflicts mean those conflicts that are originally internal armed conflicts between internal parties but at some point and in certain circumstances become international through an external armed intervention.

The problem of the internationalized internal armed conflict lies in the fact that it contains a foreign element along with an internal element, which generates for us a mixed conflict that is neither international nor non-international, in addition to that it has no place in the texts of international humanitarian law, as this last law recognizes only two types of conflicts Armed (international and non-international).

International humanitarian law applies different rules to armed conflicts of an international and non-international character, but from a humanitarian perspective, the difficulty of the situation lies in the fact that although there are special features that distinguish international internal armed conflicts from international and non-international armed conflicts, there are no compromises between The law applicable in situations of internal armed conflict and the law applicable to international conflicts.

For international humanitarian law to apply to internationalized armed conflict, a process of legal qualification of the latter is necessary.

This research aimed to define the concept of internationalized internal armed conflicts, and to indicate its most important characteristics, in addition to determining the legal qualification of this type of conflict.

The research reached many results, most notably:

  • It cannot be said that the internationalized internal armed conflict is an international or a non-international conflict, as it contains a foreign element in addition to the internal element, which makes it a mixed conflict.
  • The mixed nature of internationalized armed conflicts proves the shortcomings and the difficulty of their qualification from a legal point of view, which leads to the difficulty of applying the provisions of international humanitarian law in their light, given the link between activating the rules of humanitarian protection with the dual classification of armed conflicts (international and non-international), the principle in the application of legal rules and the extent of qualification of the incident responding to legal standards.

 

Downloads

Published

2023-02-28

How to Cite

1.
لايقة ر. Legal qualification of internationalized internal armed conflicts. Tuj-econ [Internet]. 2023Feb.28 [cited 2024Nov.25];44(6):93-107. Available from: https://journal.tishreen.edu.sy/index.php/econlaw/article/view/13934

Issue

Vol. 44 No. 6 (2022): Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

  • The authors retain the copyright and grant the right to publish in the magazine for the first time with the transfer of the commercial right to Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

     Under a CC BY- NC-SA 04 license that allows others to share the work with of the work's authorship and initial publication in this journal. Authors can use a copy of their articles in their scientific activity, and on their scientific websites, provided that the place of publication is indicted in  Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences   .  The Readers have the right to send, print and subscribe to the initial version of the article, and the title of Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences Publisher

  • journal uses a CC BY-NC-SA license which mean

    You are free to:

    • Adapt — remix, transform, and build upon the material
    •  
    • The licensor cannot revoke these freedoms as long as you follow the license terms.

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • NonCommercial — You may not use the material for commercial purposes.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Most read articles by the same author(s)