You are looking at 1 - 10 of 11 items

  • Author or Editor: Noam Zamir x
Clear All Modify Search
You do not have access to this content

Classification of Conflicts in International Humanitarian Law

The Legal Impact of Foreign Intervention in Civil Wars

Noam Zamir

Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
This content is available to you

Noam Zamir

Chapter 1 examines the history of the distinction between international and non-international armed conflicts. It shows how states have insisted on the distinction between internal wars and international wars since the origins of international humanitarian law. It further argues that the law of Non-International Armed Conflict is based on states’ willingness to extend humanitarian protection to internal wars without hampering their right to quell rebellions and to treat rebels as criminals under their domestic law.

You do not have access to this content

Noam Zamir

Chapter 2 discusses the normative distinction between international and non-international armed conflicts (NIAC). It analyses in depth different aspects of conflict classification such as the threshold of applicability of international armed conflict (IAC) and NIAC. It shows that NIAC and IAC are distinct in three aspects: (i) different actors; (ii) different threshold of applicability; (iii) different applicable norms.

You do not have access to this content

Noam Zamir

Chapter 3 examines different issues of conflict classification in cases where states intervene directly with their own forces in favour of one of the sides in a civil war. Among the various arguments, the chapter advances the following propositions: (i) direct foreign intervention in support of the territorial state against non-state groups will only be deemed a Non-International Armed Conflict if the hostilities between the non-state group and the foreign state meet the threshold of Common Article 3 of the 1949 Geneva Conventions; (ii) direct foreign military intervention, either in favour of or against the territorial state, does not ipso facto internationalise the ongoing armed conflict between a territorial state and a non-state group.

You do not have access to this content

Noam Zamir

Chapter 4 analyses various aspects of conflict classification in cases of indirect foreign intervention, such as the supply of training and funds to one of the sides in a civil war. In particular, it advances the following arguments: (i) indirect intervention can lead to an armed conflict only when the intervening state has become involved to the extent that it is using force directly through its own forces or forces acting on its behalf; (ii) indirect interventions can only lead to internationalisation of ongoing civil wars when a non-state group is no longer deemed to be independent but acting on behalf of another state or when the foreign state is involved in an International Armed Conflict against the territorial state and the non-state group satisfies the requirements of Article 4A(2) of Geneva Convention (III) (including the requirement of non-allegiance).

You do not have access to this content

Noam Zamir

Chapter 5 deals with the representation of states and reclassification of ongoing armed foreign interventions due to governmental change. It argues that the test for determining which armed group represents the state for the purposes of conflict classification should be based on the identification of the de facto government. It further argues that this identification should be cemented with a presumption that the established government is the de facto government as long as it asserts authority in the territorial state and offers armed resistance which is not ostensibly hopeless or purely nominal.

You do not have access to this content

Noam Zamir

Chapter 6 examines foreign states’ armed interventions, which are conducted under the auspices of international organisations (IOs), in civil wars from a general and broad perspective that is not limited to any specific IO. The chapter suggests a two-step approach to attribution for the purposes of conflict classification in order to determine whether the IO or the contributing states (i.e. the states which contribute their armed forces to the IO) are parties to the conflict. In cases where the IO is a party to the conflict, it is submitted that the IO should be considered as if it were a state for the purposes of conflict classification.

You do not have access to this content

Noam Zamir

Chapter 7 examines the armed conflict taking place in Yemen between the Houthis on the one side, and the governmental forces loyal to President Abd Rabbuh Mansur Hadi, which are supported by the foreign coalition led by Saudi Arabia, on the other side. The purpose of this short chapter is to clarify and exemplify some of the arguments advanced in the book.

You do not have access to this content

Noam Zamir

Chapter 8 offers some concluding thoughts.

You do not have access to this content

Noam Zamir

The topic of classification of armed conflicts between non-state groups and occupying states in cases of belligerent occupation has not received enough scholarly attention despite its possible practical importance and the fact that this issue still requires further normative clarification. This paper seeks to fill this gap. The paper focuses on the different possible ways that such armed conflicts can be classified. Among other things, the paper analyses Article 1(4) of Additional Protocol I (API) and examines its customary status. The paper also analyses how to determine which armed groups should be regarded as acting on behalf of the occupied people and suggests a novel way to interpret the ‘belonging’ requirement of Article 4A(2) of the Third Geneva Convention. Finally, the paper provides an in-depth analysis of the argument that non-state armed groups, in the context of belligerent occupation, should be considered parties to an international armed conflict even when the occupying state is not a party to API and/or refuses to acknowledge the non-state group as a party to an international armed conflict.