ARMED CONFLICTS HOSTILITIES

Monitoring of the cessation of hostilities and movements of armed groups

International humanitarian law regulates the conduct of hostilities for all parties to an armed conflict.

(S PRST 1996 40) confrontation in Afghanistan called for the immediate cessation of all armed hostilities

Hostilities in the area escalated in May with armed exchanges between Hizbollah and the Israel Defense Forces (IDF) and with rocket firing by unidentified armed elements.

An armed conflict is usually a situation during which periods of hostilities are interspersed with periods of truce.

86. In international humanitarian law, there are numerous references to the concept of participation in hostilities , or to direct participation in hostilities but not to that of participation in armed conflicts .

Recognizing with grave concern the growing trend towards recruitment, training and use of children in hostilities by armed groups,

In South Lebanon, where UNIFIL is deployed, tension and armed hostilities are continuing and may reach high levels, such as during the hostilities during April 1996. This requires constant vigilance and United Nations intervention

Condemns the practice of abduction of children for various purposes, inter alia, for involvement in armed forces or armed groups, for participation in hostilities, for sexual exploitation and forced labour

(b) Armed groups that are distinct from the armed forces of a State not, under any circumstances, to recruit or use in hostilities persons under the age of 18 years

The word hostilities should be changed to armed conflict to broaden the scope and to be consistent with amended article 1.

The observer for Slovakia suggested that the word hostilities should be added, in square brackets, after the words an armed conflict .

3. Expresses its deep concern at the intensification of armed hostilities in Afghanistan, and calls on all parties involved immediately to cease such hostilities and to engage in a political dialogue aimed at achieving national reconciliation

The sources inevitably recognize that treaties expressly applicable to the conduct of hostilities are not affected in case of an armed conflict.

With regard to the proposed definition of armed conflict , he pointed out that the Vienna Conventions referred to the outbreak of hostilities .

The delegations of Malaysia, Uruguay and Iraq pointed out that instead of the word hostilities , they would prefer the words armed conflicts .

The political stagnation there is fraught with the danger that hostilities might flare up again as the result of yet another armed incident.

She also believes that the military hostilities adjacent to the Ethiopian Somali border are governed by the rules pertaining to international armed conflict.

7. Strongly condemns the resumption of major hostilities by the Taliban starting in July 2000, and strongly calls upon all Afghan parties to end all armed hostilities and not to pursue a military solution to the conflict in Afghanistan

In the definition of an armed conflict, See above Armed conflicts hostilities. reference is made to the various conditions that have to be met for a situation to qualify as a non international armed conflict these conditions must be borne in mind and developed to arrive at a definition of dissident armed forces and armed groups .

The topics discussed included the question of the minimum age of those participating in hostilities, the issue of direct or indirect involvement in hostilities, the age of recruitment, be it voluntary or compulsory, into the armed forces, and whether or not a clause should be included in the draft optional protocol preventing child recruitment by non governmental armed groups.

Domestic hostilities

This impression is confirmed by the fact that armed hostilities resumed only hours after the United Nations ceased efforts to bring about a cease fire.

Countries not participating in armed hostilities may also be affected, if, for example, their agricultural lands were affected by depleted uranium, chemical or biological weapons.

3. With regard to article 10 of the Declaration, Portugal considers that children aged under 18 years should not take part in hostilities either directly or indirectly, including through enlistment in the armed forces or armed groups.

If the effect of armed conflict on treaties remains a vague area of international law, the effect of domestic hostilities on treaties is even more so.

States parties shall take all appropriate measures to prevent recruitment of persons under the age of 18 years by non governmental armed groups involved in hostilities.

92. Finally, article 38, paragraph 2, of the Convention on the Rights of the Child refers to direct participation in hostilities and not in armed conflicts.

Also condemns the abduction of children from camps of refugees and internally displaced persons by armed groups and armed forces, and their subjection of children to participation in hostilities, torture, killing and rape as perpetrators and as victims

55. The present document is an analytical summary of the main points to which ICRC attaches special importance and which it has endeavoured to address in recent years, namely, minimum age of recruitment, minimum age of participation in hostilities, the notions of direct and indirect participation, the notions of armed conflict and hostilities, compulsory recruitment and voluntary enlistment, and armed groups.

During Active Hostilities

11. Through the provisions of the Constitution, Panama clearly observes the rules of international law calling for special protection of children involved in hostilities or armed conflicts.

apos (2) Participation by mercenaries in armed conflicts or hostilities apos Shall be punishable by deprivation of liberty for a period of up to five years. Note

3. The ICRC strongly supports an optional protocol to the Convention on the Rights of the Child prohibiting both the recruitment of children under 18 years of age into armed forces or armed groups and their participation in hostilities.

Since that time, the geographical scope and intensity of armed hostilities between government forces and armed groups of the Kosovo Liberation Army (KLA) have increased dramatically, and gross violations attributed to both sides are reported on a daily basis.

But, in the light of the staggering increase in civil wars , which now make up the vast majority of all armed conflicts in the world, any complete study of the effects of armed conflict on treaties cannot ignore domestic hostilities.

Globally, young people feel that they are extremely vulnerable to armed conflict, whether caused by civil strife, drug wars or ethnic hostilities, the last sometimes being transmitted intergenerationally.

Thirdly, the presence of younger soldiers in the armed forces raises questions about the effectiveness of the prohibition on the participation in hostilities of those under 18 years.

Acts of war hostilities

Moreover, liability might be excepted when, for instance, the damage had been the result of armed conflict, hostilities, civil war or insurrection or the result of a natural phenomena.

Indeed, taking the example of international armed conflicts, such conflicts do not necessarily give rise to extensive hostilities, as was the case between France and Germany in 1939 1940.

(b) Losses due to acts of war or hostilities are those which occurred as a result of the existence of actual war conditions in the area of operations armed action by local military forces or militia and any other type of hostilities, including hijacking and other acts of banditry

We support the use of the term armed conflicts and reject the term hostilities since the former has a firmly established and clearly defined legal connotation in international humanitarian law.

To explain the difference between the terms and understand why it is participation in hostilities that must be prohibited, we must first of all define what an armed conflict is.