Afternoon Rapporteur Session Three

• Publication year: 2017
• Citation: Vol. 45 No. 3

AFTERNOON RAPPORTEUR SESSION THREE

Student Rapporteurs: Jamie McDowell^* & Hannah Ponders^**

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The session focused on the classification of international armed conflicts (IACs) and non-international armed conflicts (NIACs) and the subtle distinctions in those classifications that can substantially affect the rules of conflict. In particular, the session dealt with the aspect of consent, or lack thereof, of territorial States to allow another state to use force within its territory, and how that quasi-invasion affects conflict classification. In 2016 Commentaries on the Geneva Conventions, the ICRC holds the position that the general rule of conflict classification applies, consent is a critical and dispositive principle, and that international humanitarian law (IHL) is independent of the legality of the use of force and jus ad bellum.¹ The panel discussed the implications of giving consent such a weighted position in the determination of conflict classification.

Determining whether a conflict is an IAC or a NIAC matters, for example, when attempting to prosecute people for war crimes and when determining what aid to give combatants and non-combatants while the conflict is ongoing.² Different rules apply depending on the classification. If a conflict is classified as an IAC, it will be governed by the first through fourth Geneva Conventions and Additional Protocol 1. If a conflict is classified as a NIAC, it will be governed by Common Article 3, and Additional Protocol 2.

In modern conflicts, it is increasingly common for a State to occupy another State's territory and carry out military operations in that State. These operations are often directed at non-State armed groups who are in a preexisting NIAC with the territorial State. The most common modern example

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of this phenomena is ISIS in Syria.³ During the discussion, the relevance of consent was highlighted with regards to this type of operation. The 2016...