Paper Example on Forced Displacement in Armed Conflict: Understanding the Role of International Humanitarian Law

Introduction

This case study seeks to determine how the International Humanitarian Law (IHL) protects people from forced displacement in times of armed conflict, and why it matters. The IHL exists on the premise that the global environment is made up of intrastate and intestate conflicts that destabilize habitation. The case study reviews issues such as IHL basic principles, its implementation and enforcement. An analysis of the centrality and relevance of the IHL to situations of armed conflicts that compel the displacement of civilians is explored. The identified aspects of the correlation between IHL and displacement during armed conflicts include the principles of proportionality, distinction, and humanity. The expanding straightforwardness and responsibility within military tasks each hold an impact on the comprehension of specific rights in IHL. The International Humanitarian law, created within its connection to warring countries, cherished in international law responsibility, needs to be oriented more towards the prevention of forced displacement during the armed conflict in various nations.

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There are numerous armed conflicts recorded in present-day international history, some of which are recurring. Countries that have experienced armed conflicts in recent times include Colombia, Syria, Sri Lanka, Yemen, South Sudan, Vietnam, Bosnia, and Rwanda. Each nation imagines that, for a long time, the barbarities of wars and the enduring dispensed upon individuals will end. Besides, wars lead to death and the decimation of populations. Individuals interface in addition to entering relations, both antagonistic and those that are naturally helpful. Each association necessitates some level of that help addresses political agitation. Subsequently, one might state: "Ubi societies, ibi regular" ; wherein their society is, there should be laws; with no principles, there exists no social reduced of whichever sort.

Case Study

The International humanitarian law, within situations of armed conflicts, applies as well as responds to the undeniable inquiry: is the plight of individuals in time of armed conflict justified, and are there frameworks to address their needs? The appropriate response ought to be simple: such frameworks exist, yet the complexities of armed conflict make their rights unattainable. Confining warring parties to the law (contrary to letting the parties determine how civilians experience armed conflicts) exposes the underlying complexities. Addressing the plight of civilians involves the consideration of the environmental law, the United Nations Charter law rights law, the law of lack of bias, exile law, and the "laws of war," which explicitly obliges the pursuit of warfare.

All these laws comprise the armed conflicts law- which, as expressed over and over - is fundamental law: with a bit presence of mind also a level of vivid-sightedness, anybody may get a handle on its fundamental principles for himself without being a legitimate master . To put things as just as could be allowed, these guidelines may be summed up in four statutes: don't assault non-warriors, assault soldiers only by lawful methods, treat people in your capacity altruistically, and secure the people in question in the meantime. Fortified conflict law is mind-boggling as it applies just in specific circumstances. Those circumstances are not in every case effectively determinable in solid terms and, contingent upon the event, one and a similar demonstration may be legal or illegitimate, not only illegal but rather a criminal offense, or neither legitimate nor illegitimate.

This research paper will address four main issues, namely:

• Challenges faced by civilians in times of armed conflicts and the problems they face;
• How the IHL applies to the protection of the rights of individuals in times of armed conflicts;
• The role of humanitarian bodies like the International Committee of the Red Cross's (ICRC) and how they apply the IHL when responding to armed conflicts;
• The Relationship between the IHL and other laws that protect individuals that are not directly involved in the war.

Challenges Faced by Civilians in Times of Armed Conflicts

The Upsala Conflict Data Program (UCDP) defines armed conflict as "a contested incompatibility that concerns government and/or territory, where the use of armed force between two parties, of which one is the government of a state, results in at least 25 battle-related deaths in one calendar year". The International Red Cross and Red Crescent (ICRC) categorizes armed conflict into two, international and non-international. International armed conflict involves two or more opposing states, while non-international armed conflict involves government forces fighting against non-governmental armed groups. The Geneva Conventions of 1949 recognize that a disagreement that arises between two states and leads to the intervention of armed forces constitutes an armed conflict within the meaning of Article 2.

The International Humanitarian Law (IHL) identifies three types of conflicts; armed conflict, international armed conflict, and non-international armed conflict. The definition of armed conflict under the IHL is an interpretation of Article 2 of the Geneva Conventions of 1949. Therefore, it recognizes international armed conflict as that which involves two states. The war between North and South Koreas in 1950 falls under this category. Internationalized armed conflict, under the IHL refers to an armed conflict that occurs between two parties (one of which is the government of the state), but where the different parties are supported two external states. In 1998, for instance, forces drawn from Zimbabwe, Rwanda, Uganda, and Angola supported various groups against the government of the Democratic Republic of Congo.

The IHL is established, and applies in times of complexities, upon the accompanying principles:

• How the IHL protects the rights of parties not involved in armed conflicts.
• The regulation of the level of violence meted against individuals that are not part of armed conflicts.
• The respect for the rights of humans while addressing grievances during armed conflict.
• The connection between the IHL and other humanitarian laws.

How the IHL Protects the Rights of Parties not Involved in Armed Conflicts

The IHL demands proportionality in armed conflict. Proportionality may be understood through four core elements. Foremost, there is the requirement that warring parties maintain proportionate force during international armed conflict, particularly with regards to the application of Article 51 of the UN Charter to apply force as a form of defense. Secondly, there is the need for a proportional, measured response to the violation of the IHL principles by an adversary. Thirdly, there is a limitation under the IHL that restricts the use of methods that cause excessive collateral damage.

Lastly, it is the duty of a state under the IHL to ensure that unnecessary application of lethal force is restrained. When necessary, it is proportionate to the harm created. It is understandable that during armed conflict, parties involved will use tactics and strategies that keep them in the offense or defense. There may be a need in each of the camps to utilize weapons that act to eliminate the enemy. In so doing, it should be noted that the civilian does not possess any weaponry. As harmless objects, civilians are not a threat to any party, and must always be protected from armed conflict.

Acts of indiscriminate aggression and violations of the IHL trigger and sustain displacements. It is noteworthy that acts of violence that affect civilians during armed conflicts almost always constitute violations of the IHL. Multiple violations may trigger the displacement of people in such situations. There is also the potential for pre-emptive displacement, where civilians that have previously been exposed to IHL violations and are conversant with the impacts take precautionary actions. In anticipation of the likelihood of conflicts, they may choose to leave their homes even before the violence affects them directly.

Civilian displacements exhibit some patterns in times of armed conflict. In cases where communities are offered humanitarian protection and assistance within their country, there is little need for them to leave the country. However, in cases where the IHL is significantly violated, the resulting environment may stifle humanitarian efforts, and force civilians to flee to other countries. In some cases, a single act of violence is enough to make people displaced, while in others, there is progression and multiple acts of IHL violations. In both instances, the extent of violations determines the impact on people.

The intensity of the conflict defines the nature of loss suffered and the progression. Civilian location and geographical topography also influence how much impact acts of aggression will be on persons that are not part of armed conflict. Civilian perception of safety and threats also contributes to these factors. Humanitarian presence and their safety determine the degree and nature of displacement. The context of a conflict, and the personal circumstances and reasons also influence the decisions made by civilians to flee. Discussions on the status of preparedness for armed conflict and refugee crises point to the role of the IHL. The refugee crisis following armed conflict in Syria provides perhaps the most recent point of reference and brings to perspective the significance of this topic . The recurrence and destructiveness of armed conflict as a result of the use of enhanced weapons make this discussion worthy of the current situation.

This research examines the IHL with a focus on its relationship to the displacement of people during armed conflicts, which within the context of existing studies, is not exhaustive. This study seeks to fill a gap in the existing knowledge resulting from the focus on the plight of the displaced people. It recognizes the need to focus on the dynamics of their displacement and the centrality of the IHL. The research understands displacement to exist in various forms and to be triggered by various factors in varying degrees. Parties to a conflict are required to distinguish between what constitutes legitimate military objectives from what makes up illegitimate military objectives. The study seeks to address this gap and acknowledge the valid concerns on the plight of the displaced.

The growth of the international community has seen increased contributions that strengthen the IHL to its present form as a universal framework of the law. Further, the current version of the IHL is a work in progress. However, a glimpse of key developments in the IHL protocol helps understand why the world must always remain vigilant to protect vulnerable subsets of the community against the effect of war. As regards its scope, the IHL protects persons who do not take part in armed conflict. Such people include civilians, non-combat military personnel, and individuals who have ceased to be part of armed conflicts such as sick combatants, wounded soldiers, prisoners of war, and those who are shipwrecked.

Discussions on human displacement in times of armed conflict, the plight of displaced persons, and the responsibility of humanitarian aid groups are not complete without their consideration in the context of IHL. Thus, the IHL's proportionality principle and the application of force during armed conflict is rel...