ABSTRACT

Misunderstandings, disputes and generally conflict are an intrinsic characteristic of human existence. Although, conflicts are inevitable they can be properly identified and regulated. The emergence of International Humanitarian Law or the Law of Armed Conflict have made it possible for conflicts between states to take place within legal parameters and not in an arbitrary, unregulated and archaic manner. Prior to the emergence of International Humanitarian Law, armed conflicts (that is, war) was unrestricted and this was a period characterised by “Total War”. However, international humanitarian law placed certain necessary restrictions on the conduct of armed conflict which have so far made it possible for armed conflicts to be more humane in nature. Asides bringing humanity into the conduct of warfare, international humanitarian law has also been able to provide distinguishable distinctions between International Armed Conflict and Non-International Armed Conflict, which are the two categories under which an armed conflict can possibly exist. These distinguishing factors shall be the focus of this project work.

This project is geared towards interrogating the factors that distinguishes international and non-international armed conflict, enunciating on why these two categories of armed conflict exist and stating under what circumstances they may arise. Armed conflicts are common amongst states in the international fora but international humanitarian law has shown that this is not the only instance where armed conflict can be said to have occurred. With the recent development of international humanitarian law, is not limited to war between states but now includes conflicts between a state’s military and dissidents group in the state’s territory or between two dissident group in a state’s territory. Although the fundamental difference between international armed conflict and non-international armed conflict is that the former exists between states and the latter comes to play between states and dissident groups, there are however other factors that makes these various armed conflicts distinct.