Research On The Application Of International Humanitarian Law To Non-international Armed Conflicts

Since World War II, most of the armed conflicts are non-international armed conflicts.80%of victims of armed conflicts is the result of non-international armed conflicts. Regulating non-international armed conflicts and protecting of victims of armed conflicts play a very important role. International humanitarian law is an important part of international law, which is also core element of the law of war. As people focus on the humanitarian principles of the laws of war, international humanitarian law evolved, including the "Hague law" system and the "Geneva law" system for a more complete legal framework. But the perfection of the rules does not mean that the good implementation of the rules:on the one hand, rules of international humanitarian law have a more complete set of rules on international humanitarian law which the international community widely recognized, on the other hand, there occur repeated violations of these rules in the international community because international judicial accountability mechanisms are weak.During the process of application of international humanitarian law in non-international armed conflicts, due to the natural properties of non-international armed conflicts, States exclude undue interference in domestic affairs by other States, and are unwilling to characterize various armed conflicts derived from the country as non-international armed conflicts, therefore, the international organization plays a major role in the performance. Among them, the United Nations, the International Committee of the Red Cross and the international criminal justice agencies are the most important three kinds of organs. The United Nations maintains a continuous concern in situations of non-international armed conflicts through the United Nations peacekeeping operations. The International Committee of the Red Cross is to disseminate international humanitarian law, as the international community's organization whose mission, of course, plays a role that cannot be ignored in the implementation of international humanitarian law. The International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court guarantee the implementation of international humanitarian law. The United Nations, the International Committee of the Red Cross, international criminal justice agencies and other international organizations in the implementation of international humanitarian law in interaction, constitute application mechanisms for the implementation of international humanitarian law.The international community must recognize and confront armed groups in non-international armed conflicts to comply with international humanitarian law issues. The legal status of armed groups was not entire, if there were other non-legal factors that make the parties aware of the need to comply with certain rules of humanitarian, law's role was limited. To the armed groups, legal or non-legal factors contribute to the application of humanitarian rules and principles. Although the legal system about the collective responsibility of armed groups has not been formed, States, intergovernmental organizations and non-governmental organizations's practice suggests that armed groups could bear collective responsibility.