Similarly, the lawfulness of the resort to armed force under jus ad bellum does not have any impact on the determination whether or not an international armed conflict exists. Cameron, 'Article 2: Application of the Convention', ICRC, Commentary on the First Geneva Convention, 2016, §212 ICTY, The Prosecutor v Ljube Boškoski and Johan Tarčulovski, Trial Chamber, Judgment, IT-04-82-T, 10 July 2008, §174.
Rather than 'war', the Geneva Conventions use the term 'armed conflict' to highlight that the determination whether an armed conflict exists within the meaning of Common Article 2 depends on the prevailing circumstances, not the subjective views of the parties to the conflict. Cameron, 'Article 2: Application of the Convention', ICRC, Commentary on the First Geneva Convention, 2016, §§201-209. See Eritrea-Ethiopia Claims Commission, Jus Ad Bellum, Ethiopia’s Claims, Partial Award, 19 December 2005, §17 T. The use of such declarations of war has become rare. This also serves humanitarian purposes, notably the protection of enemy civilians on the territory of the state that declares war.
It triggers a state of war and therefore the applicability of the four 1949 Geneva Conventions even when such a declaration is not followed by armed hostilities. A declaration of war is an explicit affirmation of the existence of a state of war between belligerents. Classification » International armed conflictĪn international armed conflict is an armed conflict between two or more states.Ĭommon Article 2 to the four 1949 Geneva Conventions provides that they ‘apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them’.
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