![]() It is unclear what effect cyber operations unaccompanied by any use of kinetic force would have to have in order for IHL to apply. Furthermore, the law does not prescribe any specific form for the resort to force, so hostilities between the belligerent States may involve any combination of kinetic and cyber operations, or cyber operations alone. Some scholars have suggested that the fighting must be of a certain intensity before international humanitarian law (IHL) comes into effect, but the prevailing view is that any “resort to armed force between States”, however brief or intense, triggers the application of IHL. This means, according to our analysis, that war crimes could already have taken place before March 2022’ explains Dr Chiara Redealli.The law of international armed conflict (IAC) applies to any armed confrontation between two or more States, even if one, several, or all of them deny the existence of an armed conflict. What has changed, since February 2022, is the intensity of the violence and its impact on the civilian population. Indeed, according to IHL criteria, there have been an IAC between Russia and Ukraine and two NIACs in Ukraine since 2014. ‘Russia’s invasion of Ukraine did not change our classification of the armed conflicts in the region. Europe is also the theatre of an international armed conflict (IAC) between Ukraine and Russia, and of two non-international armed conflicts (NIACs) in Ukraine opposing governmental forces with the self-proclaimed ‘People’s Republics’ of Donetsk and Luhansk in eastern Ukraine. ![]() ![]() The following military occupations constitute the majority of armed conflicts that are taking place in Europe, four out of seven conflicts: Russia is currently occupying Crimea (Ukraine), Transdniestria (Moldova), as well as South Ossetia and Abkhazia (Georgia), while Armenia is occupying parts of Nagorno Karabakh (Azerbaijan). ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |