Armed conflict

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In international law, an armed conflict (also called military conflict ) is a dispute between the military of different states ( international armed conflict ) or between the military, paramilitary organizations and / or insurgents within a state ( non-international armed conflict ). The classification as international ( English international armed conflict ) or non-international armed conflict ( English non-international armed conflict ) is relevant, since international humanitarian law is only fully applicable to international armed conflicts.

The case law of the International Court of Justice (ICJ) assumes the existence of an armed conflict if protracted armed violence is used between the parties involved in an extended or continuous manner . The number, duration and intensity of individual confrontations, the weapons used, the number of those involved in the fighting, the number of victims and the extent of the destruction as well as the number of fleeing civilians can be used to measure the intensity.

War as a term relevant to international law for the classification of armed conflicts has beenalmost completely replaced by the term armed conflict since the end of the Second World War , among other things because, according to the prevailing opinion, the state of war between two states requires a formal declaration of war and thus the applicability of the rules of war law at the discretion of the Parties to the conflict would be placed. But that wouldbe incompatiblewith the goals of international humanitarian law - the limitation of violence and the protection of the civilian population. Since the Geneva Conventions of 1949, the term armed conflict has therefore beenconsidered progressive and sufficient. Many wars or armed conflicts of the last decades can be classified as war on identity (identity war) . The destruction of cultural assets is also part of psychological warfare. The target is the identity of the opponent, which is why symbolic cultural assets become a main target.

Between 1989 and 2000 there were 111 armed conflicts in 74 locations. In 2000 there were 40 conflicts in 35 states and in 2001 37 conflicts in 30 states. However, there were also several peace agreements , for example in 2002 in Angola , Sierra Leone and in the Nuba Mountains of Sudan .

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Individual evidence

  1. ^ A b F. Arndt (Department WD 2): On the categorization of conflicts under international law. (PDF) In: bundestag.de. Scientific Services of the German Bundestag , June 28, 2010, p. 1 , accessed on April 13, 2015 (71 kB).
  2. ^ Gerhard Werle : International Criminal Law . 2., rework. Edition. Mohr Siebeck , Tübingen 2007, ISBN 978-3-16-149372-0 , p. 403 (728 pages; hardback ).
  3. Wolfgang Vitzthum (Ed.): Völkerrecht (=  de Gruyter textbook ). 4., rework. Edition. WdeG law, Berlin 2007, ISBN 978-3-89949-425-9 , p. 720 (756 pages; paperback ).
  4. ^ F. Arndt (Department WD 2): On the categorization of conflicts under international law. (PDF) In: bundestag.de. Scientific Services of the German Bundestag , June 28, 2010, p. 2 , accessed on December 9, 2016 (71 kB).
  5. See Karl Habsburg in Gerold Keusch "Cultural Protection in the Era of Identity Wars" in Troop Service - Magazine of the Austrian Armed Forces of October 24, 2018.
  6. See also Karl von Habsburg on a mission in Lebanon. Retrieved July 19, 2019 .
  7. [n. b.] In: Helmut Schmidt , Josef Joffe (ed.): DIE ZEIT . No. 01/2002 . Zeitverlag Gerd Bucerius , December 27, 2001, ISSN  0044-2070 ( Edition 01/2002: Article overview. In: ZEIT ONLINE. [Accessed on April 13, 2015]).