Author: Parvat, B.A.LL.B,LL.M,GNLU, Gandhinagar
INTRODUCTION
International law in the sphere of armed conflict remains an open and developing topic to date. There is an absence of a legal definition of ‘armed conflict, but the two main instruments that form the bedrock of the classification of internal and international conflicts are the Geneva Conventions of 1949 and the Additional Protocols. It is important to differentiate as it determines the applicability of which principles of “International humanitarian law” (hereinafter referred to as “IHL”). For instance, Article 8 of the “International Criminal Court” (ICC) Statute provides the distinction between the crimes committed in these two categories, firstly war crimes committed in international armed conflict and other is war crimes committed in non-international armed conflict.
The modern formation of “IHL” has existed in the historical attempts to control the conduct of war and prosecute offenders, who engage in war crimes and crimes against humanity. This step-by-step move from the first coded war conduct, the “Lieber Code of 1863” up to the contemporary “ICC’s Rome Statute” establishes individual responsibility for grave violations of international law. The Rome Statute broadened the definition of war crime, for example, to include rape and sexual enslavement during an armed conflict.
However, the current legal provisions are quite good and comprehensive but they do not cover all aspects of the issue related to “war conflict and crimes against humanity”. Thus, the closed list of war crimes under Article 8 of the ICC Statute contains many shortcomings in terms of its flexibility to accommodate newly emerging tendencies in warfare as well as in threats. Since the character of conflicts is changing, international law should also develop to protect all citizens involved in armed conflicts.
