Countries need to maintain peace and unity within their territories, but there are various incidents in which they are compelled to face and contain insecurity issues. Among the fundamental approaches they should use to meet their objectives should start by determining whether the conflicts being addressed are international armed conflicts (IACs) or non-international armed conflicts (NIACs). As Gary D. Solis explains, there are rules and regulations governing the government’s approach when managing or addressing the issue of armed conflicts within the country. Such regulations set the standards of peace and unity, as the civilian’s rights and freedoms must be protected, and the government must act professionally in handling the situation. However, the book by Yoram Dinstein focuses on addressing the scope of NIACs and how international law is applicable in such a context. The critical determinants of success have to be addressed, and it is necessary to have better and more elaborate systems for managing emerging issues. The author tries to classify the different types of NIACs and how such conflicts can eventually transition to become IACs. As such, the two books can be used to blend each other and make the audience understand what the IACs and the NIACs are, the laws governing the approach that the government should use in containing the influence of such insurgent groups, and how to effectively contain the rivalry among the insurgent groups with the government and maintain law and order.
Law of Armed Conflict
International conflicts need to be contained and follow a predetermined format to ensure the application of law and order. In the book “Law of Armed Conflict: International Humanitarian Law in War” by Gary D. Solis, the author delves into the applicable rules and regulations that must be followed during warfare. In particular, chapter five focuses on the status of the conflict by explaining the different varieties of armed conflicts and how they need to be regulated. Depending on the status of a conflict, it is essential to focus on how it will impact decision-making and the laws that should be applied to mitigate the rivalry and, thus, casualties.
When trying to understand what type of conflict is being addressed, the guiding concept remains the status of the conflict, thus setting the foundation of the approach that shall be used in resolving the dispute (Solis, 2010). As such, students in international conflicts can determine the details and the key factors that can be considered to influence the disagreements. Two main variables are addressed, and they include the element of Article 2 or 3 conflicts. The case of Article 2 conflicts align with the Geneva Conventions, while those of Article 3 conflicts involve a battle between a country and an organized rebellion group or terrorists.
During the conflicts, irrespective of whether they are Article 2 or 3 conflicts, other countries with vested interests in the war can intervene, interfere, or contribute to the advancement or mitigation of the war. As such, students need to understand these conflicts and determine why some states can take different sides during an international conflict. Understanding the emerging differences and the political dynamics that shape international policymaking will be vital in addressing why some countries are more likely to take a particular approach in an international disagreement.
When one understands the status of the conflict, it becomes possible for them to understand the recent developments and predict the battle’s pattern, including the safe areas or zones civilians can use to hide themselves and feel secure. That’s why conflict classification is important, as it enables one to determine the trend they are likely to take and a determination whether the conflict is hybrid warfare, where the gray zones are, and whether the Law of Armed Conflict (LOAC) is applicable in this context. Also, in some situations, a country must engage in battles, and the mission remains to protect its borders against a possible escalation of the battle to its borders.
An illustrative example is when Mexico enters into a conflict with drug cartels in the country. Due to its sharing of the border with the US, the American government must beef up its security and, if necessary, assist the Mexican authorities in ensuring that the illegal trade is mitigated. Such an approach makes it possible for the US to join a conflict, and the objective is to fight for common interests as those of the Mexican government. Due to the application of international law, such a battle aligns with Article 3 conflicts, and it is considered one of the common issues that must be fought internally, regionally, and internationally (Solis, 2010). An understanding of the applicability of these laws makes it possible for one to determine the right format that can be used for effective decision-making and following the applicable laws, including the Geneva Conventions, Additional Protocols, and customary international law. The existence of different types of conflicts, which can be international, regional, or non-international, makes it challenging to have the identified issues addressed, particularly if they are not correctly classified and a particular approach defined for addressing the emerging issues.
Based on this assessment, the author immensely contributes towards realizing the right concepts and initiatives that can be used to address the status of an international or non-international conflict. The focus remains on how the existing rules can be applied and the key determinants of success that need to be implemented. That’s why it remains logical to address the status of combatants, civilians, and other individuals during a war (Solis, 2010). Overall, the book significantly impacts determining the scope and type of war and the applicable rules and regulations that should be used to determine how the conflict should be addressed. Other information portrayed includes how the elements of ethics and moral guidelines will be handled in such situations and how there can be a balance between military necessity and humanitarian considerations.
Non-International Armed Conflicts in International Law
Yoram Dinstein has taken a similar approach in the book, “Non-International Armed Conflicts in International Law.” The standards of international law on armed conflicts take the focus of this book, and it is necessary to signify that such disputes can be based on Article 3 conflicts in which the conflict is found within the country’s borders. Due to the need to maintain law and order and mitigate the violation of human rights and freedoms, such laws are meant to regulate the conduct of internal hostilities and how the government should respond to such incidents. Otherwise, intervention by foreign states on such matters should be done with care and based on the focus on trying to assist the government in fighting illegal organized groups.
The UN’s Security Council has already established robust systems that must be followed to ensure that the standards of legal administration are followed. States have to bear any responsibility for wrongdoing, meaning they must take their roles seriously and act professionally within the anticipated guidelines (Yoram Dinstein, 2021). The interface between the challenge of war crimes and human rights also needs to be defined, and it is necessary to focus on the key determinants of success, which include ensuring that human rights are protected. A notable example is obeying international law, and it can feature the elements of avoiding incidents of child abuse by recruiting children as soldiers.
The existence of international courts and tribunals makes it possible to understand why governments must follow the applicable norms when responding to terror attacks and insurgent groups. International law must be followed, and it is necessary to have an established standard of ensuring that the critical determinates of success at every administration level are observed. Various parameters have thus been used to define the right systems of administration, and they include the Geneva Conventions, the guidelines by the Rome Statute that define the roles of the International Criminal Court, and Additional Protocol II of the Geneva Conventions. A detailed overview of what is needed in this aspect makes it possible to realize the right approach for instilling high standards of law and order and ensuring that everything can be done by following a predetermined format to realize the anticipated competency standards.
Non-International Armed Conflicts (NIACs)
When focusing on non-international armed conflicts (NIACs), many issues are considered, and this incurs how the government responds to the containment of illegal activities and terror groups. While trying to maintain law and order, it remains necessary to ensure that international human rights and freedoms are observed, and this forms the basic foundation of success. As such, the differences between the NIACs and the international armed conflicts (IACs) can be observed and analyzed from different perspectives, and the mission is to ensure there is some form of consistency towards the realization of the anticipated standards of criminal containment and conflict resolution (Yoram Dinstein, 2021). As such, it is necessary to understand what NIAC is, the thresholds that should be used to define armed conflicts, and how the jus in bello principle can be applied in a NIAC. When a foreign country wants to interfere with its internal affairs, it should focus on helping fight the insurgent groups, which means that it is ethical for the approach to be used towards the realization of a better approach to crime containment and conflict resolution. The foreign country should not focus on helping the terrorist groups as such an act can amount to the violation of the standards of NIACs and the LACs. Another issue that needs to be determined is how armed conflicts (ACs) can be defined and handled, mainly if they are internal with an element of taking an international scope. A notable example is a terror group established in a foreign country but extends its illegal activities to the neighboring countries.
Article 1(1) of Additional Protocol II (AP II) of 1977 explains what NIAC is. This is a rivalry between a country’s armed forces and a rebellion force or organized illegal group, which must be fought and suppressed for the government to establish its dominance and influence within the jurisdiction. This means that the NIAC must be a conflict within the country’s borders, and it should involve a highly contrasting party. Also, the NIAC is usually a conflict between the royal armed forces of a country and a rebel or organized group that does not subscribe to the government’s operations (Yoram Dinstein, 2021). When addressing the issues emanating from a NIAC, it is necessary to follow a predetermined approach. The initial phase is to note that an internal armed conflict may arise due to existing differences or issues that the rival group feels the government is not addressing. Such challenges may include a lack or insufficient economic and political representation of the particular group in the governance systems.
The internal nature of NIAC means that emerging issues can be resolved by taking the right approach to address the existing challenges. Given that it is waged within the state, the government can call for assistance from foreign countries to combat the rivals or terror groups. Another illustration is the post-911 transnational “war on terrorism,” which can be considered a NIAC, for it was fought between the US and terror groups to suppress their influence and mitigate their plans to make or plan more attacks on the US and its allies. When considering the approach of using a cross-border initiative against terrorists, like the SEAL Team Six raid on Osama Bin Laden, such an act can be regarded as a form of extraterritorial law enforcement under the bracket of NIAC. However, when a foreign government supports the terror group, the battle changes to an IAC, for it has crossed the borders, and that involves two countries in the war.
Organized Armed Conflicts or Groups
The NIAC can also take the format or perspective of an organized armed group in which the battle is between the armed forces of a country and an organized group rebelling against the government. Organized groups can be illegal groupings that constitute terrorists or a section of the government’s military that defects and forms their alliance to work against the state. When the organized group comprises a section of the dissenting military, it becomes challenging for the government to address, particularly considering that the leadership of such groups understands government systems. Some politicians sometimes support them and are determined to sabotage the government’s efforts (Yoram Dinstein, 2021). The level of organization of such groups may not be a determinant of success, for they have a specific agenda to accomplish and can be determined to use any possible tactic to realize their goals. In some other situations, the improvised organized armed groups can be tightly knotted together with elaborate structures and a chain of command. It usually features a disconnected chain of violence and battles against the government. They aim to destabilize government projects or ensure that the government does not meet its development agenda, and this target eventually makes the citizens believe that the authorities cannot lead the populace in terms of social and economic development.
The concept of armed groups does not necessarily mean that the groups own sophisticated weapons. They can use propaganda and crude weapons as the insurgents are determined to sell fear and intimidation to the public. Ultimately, the central government will become paralyzed in terms of initiating public agenda and realizing anticipated goals with the mission of disorganizing the government and making it unpopular. When the insurgent groups succeed, they create a state of anarchy and make the government be perceived as a failed state, as it is unable to accomplish many of its objectives, including assuring people of their peace and security.
The Thresholds of Armed Conflicts
The issue of organized criminal activities can take different perspectives, and it is necessary to note that such a trend is more likely to impact the rate of development and realization of the government’s political and social agenda. As such, it is necessary to rank the conflicts into different thresholds to establish some form of consistency in terms of the ideologies attached to NIACs (Yoram Dinstein, 2021). The first level is below the threshold in which the conflicts fit into the country’s internal affairs paradigm, meaning that the government can use its forces to contain the influence of the insurgent groups. Some of the strategies that illegal groups can use include the threats of violence and, spreading of fear towards the public and isolated and sporadic acts of violence. Such an approach is explained in Article 8(2)(f) of the 1998 Rome Statute of the International Criminal Court. It is thus universally accepted that the government can handle the below-the-threshold NIAC. The majority of the reasons why these groups conflict with the authorities can be addressed at the local level, as there is a need to engage their leaders and settle the disputes. If the dialog does not work, then the government can consider other options, including a violent confrontation, particularly considering that the military and police have the necessary resources and support to suppress illegal activities and groupings.
Another type of conflict is categorized as Over the First Threshold, as explained and established by Article 3 of the Geneva Conventions of 1949. In this case, the conflict occurs in the country but does not attract an international audience. The level of organization can be strong, and the government has to use elaborate and effective strictures to contain the illegal group’s activities. When discussing the second threshold, it will be necessary to consider the key determinants influencing decision-making processes, including having an organized and responsible command among the insurgent groups. Such groups have a significant influence and can effectively control a large area to enable them to benefit from some natural resources and the landscape of the targeted area. The last category is over the third threshold, in which the insurgents are organized and have the potential to cause havoc and disrupt the country’s internal affairs (Yoram Dinstein, 2021). In most cases, they attract an international audience; if possible, other countries can support the government in countering insurgent groups and protecting civilians. As such, it is considered a transition from NIAC to IAC. This makes it possible for global powers to have an interest in the war by trying to protect their interests and ensuring regional peace and sustainable development. However, it is necessary to determine whether the fighting is interstate or intrastate, as the primary objective is to contain the conflict and ensure that the key standards of peaceful coexistence and administration are met. In some situations, it is possible that two or more organized groups can be fighting for power and influence in a country, and it is necessary to take a substantive approach toward addressing the matters that arise and the policy administrative frameworks.
Conclusion
Based on this assessment, it becomes necessary to understand that the key determinants of success in containing IACs and NIACs follow a predetermined framework in which the government must protect and observe fundamental human rights and freedoms. Some of the NIACs can be controlled using the police or military. Still, if the influence of the insurgent groups advances from one level to another, they intensify their threshold until they become dominant, thus transitioning from being NIACs to IACs. Under such conditions, foreign countries can have a vested interest in the nation’s internal affairs, including trying to suppress the influence of the insurgent groups and diminishing the possibility of the conflict affecting the neighboring countries. While the government must protect its citizens, part of its responsibility is to ensure that the right procedures are initiated. For instance, no one should be humiliated or denied their rights and freedoms unless proven guilty, as the suspects always have a chance to defend themselves as guided by the law. Irrespective of whether the situation being handled is categorized under the NIAC or IAC, it is vital to note that if the NIAC is not contained or the conflicting issues addressed, it will be more likely for it to advance and become an IAC, particularly considering that neighboring countries and foreign nations with vested interests can consider joining the conflict to protect their interests.
References
Solis, G. D. (2010). The law of armed conflict: International humanitarian law in war. Cambridge University Press.
Yoram Dinstein. (2021). Non-international armed conflicts in international law. Cambridge University Press.
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