PHAP Online Learning Series on Humanitarian Law and Policy: Qualification of Armed Conflict and Determining the Applicable Law
Qualifying – or classifying – a situation as an international armed conflict (IAC) or non-international armed conflict (NIAC) is an important and often necessary step when determining whether the rules of international humanitarian law (IHL) apply in a specific context. The application of IAC or NIAC rules to a given scenario is of significant consequence; for instance, under IHL the standards governing the use of lethal force in an IAC or NIAC are far more permissive than those that apply during peacetime. The basic distinction between IACs and NIACs is reflected in both treaty and customary law, and dictates which rules apply to a particular situation. For instance, the treaty rules regulating conduct of hostilities and the treaty rules addressing humanitarian access differ in an IAC as compared to a NIAC.
This session provided an introduction to conducting a qualification analysis under IHL. It addressed such questions as:
- What is the value or utility of such an exercise?
- Who undertakes such an exercise and why? Is there a final arbiter of such an analysis?
- What are the definitions of an IAC and a NIAC? Where does occupation fit in?
- When does a situation of violence become an IAC or NIAC?
- What are some of the challenges in qualifying a situation as an armed conflict?
These issues and challenges were picked up in the next session when two case studies were analyzed, with a focus on the technicalities of qualifying a situation and the relevance of such an exercise to humanitarian practitioners.
- Familiarity with the binary framework of IAC and NIAC.
- Awareness of the relevance and utility of conducting a qualification analysis
- Understanding of the definition of IAC and NIAC, and the consequences for various actors (i.e. military, humanitarian, etc.)
- Familiarity with the threshold indicia relevant to IAC and NIAC
- Ability to walk through a qualification analysis
Session recording (Adobe Connect - higher quality)
You can access a recording of the learning session by clicking on the image below. Note that the recordings do not include the Q&A section of the sessions.
Session recording (YouTube - faster loading time)
Session recording - Downloadable audio podcast
Humanitarian practitioners as well as others with a professional or general interest in humanitarian action in situations of armed conflict.
The following online learning sessions are recommended (recording available):
Questions and answers
As we are not always able to answer all participant questions during the live session, PHAP's expert network provides additional responses in writing after the end of the session. Please note that access to certain responses are restricted to PHAP members.
- Does intent play into the qualification of a conflict?
- Can social unrest amount to an armed conflict?
- The Tadic judgment and the territorial scope of IHL
For participants wishing to read more, we recommend the following sources:
- International Committee of the Red Cross (2008), How is the term ' armed conflict' defined in international humanitarian law (IHL)?
- Intercross blog (2013), IHL and the challenges of contemporary armed conflicts - Typology of conflicts
- Geneva Academy, Rule of Law in Armed Conflicts Project (2012), Qualification of Armed Conflict
- Sylvain Vité (2009), Typology of armed conflicts in international humanitarian law: legal concepts and actual situations, International Review of the Red Cross
PHAP members have the possibility to undergo a two-part assessment after the session as part of the PHAP Continuous Learning Credits framework.
To encourage peer learning among members, selected essay responses will are published on the website, if approved by the writer. As a member, you can comment on the responses and read other members' comments.
Dr. Noëlle Quénivet is an Associate Professor in International Law at the Faculty of Business and Law of the University of the West of England (United Kingdom). Prior to that she worked as Researcher at the Institute for International Law of Peace and Armed Conflict (Germany) where she taught on the MA in Humanitarian Assistance (NOHA) and the MA in Human Rights and Democratisation. She has published several articles relating to international humanitarian law, authored Sexual Offences in Armed Conflict in International Law (2006 winner of the Francis Lieber Honorable Mention Award) and co-edited two books, one on the relationship between international humanitarian law and human rights law and another on international law in armed conflict. Her research focuses on International Humanitarian Law, International Criminal Law, Post-Conflict Reconstruction, and Gender and Children in Armed Conflict. She has recently published two articles examining the laws relating to the recruitment and use of children in armed conflicts and is pursuing further research in that field.
PHAP Credentialing Program
International Legal Frameworks for Humanitarian Action
In particular, the event will address segment 3.4 of the certification assessment outline.