THE CHALLENGES OF CLASSIFYING ARMED CONFLICTS IN INTERNATIONAL HUMANITARIAN LAW*

Abstract

Under International Humanitarian Law, there are two recognised types of armed conflict, each governed by its legal regime – international armed conflict and non-international armed conflict. Notwithstanding, armed conflicts nowadays encompass a wide array of situations that do not necessarily fit into this traditional armed conflict paradigm. This often creates a lot of difficulties for lawyers, policymakers, and international organisations faced with the challenge of classifying these situations. The complexities that arise from classifying these situations directly impact the applicable law and often have important consequences for armed forces personnel. These complexities often arise due to the limitations inherent in the existing law and the political factors most States employ in their decision-making. This article utilises the doctrinal method. It explores the significance of the existing classification of armed conflicts as well as some modern classifications and whether or not they fit into the existing dichotomy of armed conflicts. It also examines some of the complexities and controversies that arise in the classification of armed conflicts. While advocating for an amendment or creation of new regulations that envisage modern-day conflict, it concludes by demonstrating that through a careful appraisal, the existing legal paradigm may still sufficiently address modern armed conflict situations.