Abstract
The tendency of the current conflict is a new type of conflict, which is not regulated by international humanitarian law. After World War II, in any war, emphasize the protection of victims of war and an obligation to be responsible for violations of international law or international humanitarian law. The purpose this research is to explore the theories or the law resources in International Humanitarian Law to facing a new type of armed conflict. It is also significant to know where the discovered principles international humanitarian law about the problem. Based on Martens Clause and 1977 Additional Protocol I and II or Si Omnes Clause and Common Articles 2 Geneva Conventions 1949 can applied in new type of armed conflicts. As the development of international humanitarian law which always follow the development of the international community, to address issues related to a new type of armed conflict, it can be back to the theories and legal resources in international humanitarian law. Keywords: Armed Conflict, International Humanitarian Law
Highlights
Some of the armed conflict at present that emerged in the last decade often reveal a new type of a conflict, which may not be known in advance because one of the parties involved can not be classified as a state or a rebel
Referred to as an international armed conflict is a conflict between states, while the non-international armed conflicts occurred in the territory of a country where there is a conflict between the government and rebels
Humanitarian law through international treaty provisions set that can be applied in situations of international armed conflict and non-international
Summary
Some of the armed conflict at present that emerged in the last decade often reveal a new type of a conflict, which may not be known in advance because one of the parties involved can not be classified as a state or a rebel It can be seen, for example, the conflict between Hezbollah and Israel Group in 2006 or conflict between groups of Islamic State of Iraq and Syria (ISIS) in Iraq and Syria, or even the latest conflict in Yemen. While in Iraq and Syria, ISIS is an extremist group that declared the establishment of an Islamic country that stretches across the territory they control in Iraq and Syria into one of the caliphate Such a situation creates problems associated with this type of conflict, including which types, an international armed conflict or non-international armed conflict or other types of conflict? This paper attempts to examine the deeper theories and provisions of international humanitarian law and likely to be applicable to the types of conflicts so, given the possibility in the future will be more emerging types of conflicts that are not known beforehand
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