International Armed Conflict Research Articles

Protection of ICRC’s Mandates in Non-International Armed Conflict: A case of States vis-à-vis Non-States Armed Groups

The International Committee of Red Cross (ICRC) focuses on giving effect the rules of International Humanitarian Law (IHL) and humanitarian principles generally. In its establishment, the ICRC was given promotive and protective mandates in both armed conflicts namely International Armed Conflicts (IAC) and Non-international Armed Conflicts (NIAC) however; mandates of ICRC in NIAC are much more limited compared to IAC. This means that, the rules of IHL governing NIAC do not provide explicitly the mandates of ICRC. Several states have developed anti-terrorism laws which aid them to fight against terrorism; these anti-terrorism laws developed by states refer NIAC as terrorism and thus, affect the mandates of ICRC during NIAC. States criminalize any organizations from providing any kind of assistance be it of humanitarian nature or not to the armed combatants during NIAC. These include armed combatants of the organized armed groups who are termed as the terrorists in case they are detained by the states armed forces. ICRC staff members have been facing difficulties in performing ICRC’s mandates over the civilians and combatants of the organized armed groups who are under urgent need of humanitarian assistance. States do not guarantee humanitarian activities by ICRC staff members to the so-called terrorists. As the result ICRC is facing accusations of being involved in terrorism. Therefore, in order to perform its mandates, ICRC needs legal access to interact by both State and Non-States Armed Groups (NSAG’s), for issuance of humanitarian assistance to the detained persons and protection of wounded and sick for their reliefs. The article carries with it a reformative agenda as far as mandates of ICRC in NIAC are concerned

Tracing the Application of Modern Principles of International Humanitarian Law in the pre-Christian War between King Duṭugamunu and Elāra in Sri Lanka

The war between King Duṭugamunu and Elāra is the most significant singular war that took place in the pre-Christian period in Sri Lanka. It has the elements of modern international armed conflict (IAC). A local monarch waged it to unify the nation against an invading foreign force led by a foreign ruler who seized power through regicide. This historical conflict sparked extensive debates, criticisms, and varying interpretations, contributing to distortions of factual accounts. The studies analysing this battle from the perspectives of the modern International Humanitarian Law (IHL) is minimal. The branch of public international law that deals with IAC is International Humanitarian Law (IHL). The research problem that was investigated is 'Did the Sri Lankan monarch comply with the modern principles of international humanitarian law when there were no such laws at that time in the world and thereby, does that monarch deserve to be called as the founder of IHL? Accordingly, this study aims at analysing the motives, intentions, and conduct including the pre-conflict, in-conflict, and post-conflict behaviour of key actors and the war's outcome from the perspectives of IHL. The methodology used for this study is literature review. It is qualitative and interpretative in nature. The historical sources, international conventions and national legislations were used as primary and secondary sources for this purpose. The focus of the analysis is the evaluation of IHL principles in the context of the historical war. This study provides a unique analysis that suggests the application of principles akin to modern IHL by the ruling monarch nearly two millennia before the formal establishment of such principles. The major finding is that some 2019 years prior to the international community introduced the modern IHL principles such as humanity, avoidance of unnecessary suffering, proportionality of damages, humane treatment of prisoners of war (POW) etc., the ruling Sri Lankan monarch has recognised and applied them in this war and has recognised the new principle of Eternal Honour to POWs which is yet to recognise by IHL. Keywords: Humanitarian; International; Law; Vijiṭapura; War

Problematic issues of qualification of cases of destruction or damage to forests and other objects of flora committed by the russian military in Ukraine

The article examines the peculiarities of qualifying cases of destruction or damage to forests and other flora committed by the russian military in Ukraine as war crimes, taking into account the norms of national and international law. Based on the analysis of the provisions of the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, adopted by the UN General Assembly on 10 December 1976, and the Protocol Additional to the Geneva Conventions for the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, it was concluded that such facts are subject to qualification under Art. 438 of the Criminal Code of Ukraine (hereinafter – the CC) only if it is proved that they were committed in the context of and in connection with hostilities, and caused widespread, long-term and serious damage to the environment. It is stated that these features are evaluative, and therefore there is a need to initiate at the international level the development and regulatory consolidation of clear criteria for minimal damage to the environment, which will give grounds to qualify the infliction of such damage as a war crime under international humanitarian law. It is proved that if there is no connection with the conduct of hostilities, then mass destruction of flora is subject to qualification as ecocide under Article 441 of the Criminal Code, and if there is no mass destruction of such objects, then these acts may be qualified under Article 245 or Article 246 of the Criminal Code, but also only in cases where there is no connection with the conduct of hostilities. And if an individual or a group of russian military destroy or damage a plant life object, but this does not cause widespread, long-term and serious damage, but there is a contextual connection with the conduct of hostilities, such acts should also be qualified, depending on the subject and/or method of impact on plant life objects, under Article 245 of the CC or Article 246 of the CC.

Problems of realization of the right to a safe environment for life and health under martial law

The article is devoted to the study of problematic issues of realization of the right to a safe and healthy environment in the context of military aggression by the russian federation. It is emphasized that on February 24, 2022, the russian federation launched a war of aggression against the independence and territorial integrity of Ukraine, which is accompanied by the leveling of international humanitarian law, destruction of economic and natural resources, civilian and critical infrastructure, as well as numerous cases of violations of the environmental rights of Ukrainian citizens, in particular the right to a safe environment for life and health.
 The author formulates the features of the right to a safe environment for life and health: 1) it belongs to the complex of environmental rights; 2) it is enshrined in the Constitution and laws of Ukraine; 3) it applies to all persons, without reference to the citizenship of Ukraine; 4) it is realized by a person in order to satisfy his or her vital and physiological needs; 5) it is inalienable; 6) it acts as an opportunity for any person to satisfy his or her vital and physiological needs; 7) its realization does not require active actions on the part of citizens; 8) it is protected and defended in accordance with the procedure established by law.
 It is emphasized that the aggressor country resorts to nuclear blackmail, land contamination, pollution of soil, water, air, nature reserves, destruction of flora and fauna, which leads to violation of the provisions of the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Additional Protocol to the Geneva Conventions of 12.08.1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I).
 The documented crimes committed by the russian federation outlined in the article make it impossible to properly exercise the constitutional right to a safe environment for life and health, and Ukrainian citizens are unable to fully use environmental facilities and meet their own physiological needs with their help. The real extent of damage to the environment and the related long-term impact on public health from russian aggression can be assessed only after the war ends and all the territories of Ukraine are fully de­occupied.

Analysis of the Extent of Protection Accorded to Civilians, Civilian Populations, and Civilian Objects by International Humanitarian Law in Armed Conflicts

Protecting civilians, civilian populations, civilian objects, and other persons who do not actively participate in hostilities is a cornerstone of International Humanitarian Law. The 1949 Geneva Conventions and the 1977 Additional Protocols I and II constitute an international humanitarian legal framework for protecting civilians, civilian populations and civilian objects during armed conflicts. Facts have it that civilians, civilian populations, and persons who no longer take an active part in warfare are the ones who suffer the most from the effects of war. International Humanitarian law seeks to ensure that civilians and civilian populations are not subjected to attacks, actual violence, or threats of violence during armed conflicts of international and non-international nature. This Article analyzes the extent to which civilians, civilian populations, and civilian objects are protected by International Humanitarian Law whereby more specifically, the author analyzes relevant provisions of Geneva Convention IV Relative to the protection of Civilian Persons in Time of War of 1949, Additional Protocol I relating to the Protection of Victims of International Armed Conflicts, of 1977, and Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts, of 1977 and finally recommends inter alia that international humanitarian law should develop a new body of Law to protect innocent civilians following the emerging global war on terrorism owing to increased difficulties of distinguishing terrorists from civilians

Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.
 The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.
 The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.

The use of means and methods of warfare aimed at harming the natural environment as a violation of the Additional Protocol to the Geneva Conventions for the Protection of Victims of International Armed Conflicts

The use of means and methods of warfare aimed at harming the natural environment as a violation of the Additional Protocol to the Geneva Conventions for the Protection of Victims of International Armed Conflicts

The responsibility for damage to the natural environment under the Statute of the International Criminal Court

In the article is analyzed damage to the natural environment in the context of committing a war crime under the Statute of the International Criminal Court. As results of researches the Statute of the International Criminal Court and another acts of international law the author defines characteristics of the crime: 1) substantive (objective, «actus reus»): committing an act – an attack as act of violence against the enemy; the consequence – damage to the natural environment; the causal links between the attack and damage; the damage must be suitable for evaluation characteristics – «widespread, long-term and severe damage» and «clearly excessive in relation to the concrete and direct overall military advantage anticipated»; 2) subjective («mens rea») – intentionally launching an attack in the knowledge that such attack would cause the damage which would be clearly unproportional to military advantage, also perpetrator must be in the knowledge that an attack is acted in the process of armed conflict, but isn’t not necessarily to realize the kind of armed conflict – international of non-international; the perpetrator is the person which takes part in hostilities regardless of its legal status according to the acts of international law; 3) contextual – attack is committed within the context of an international armed conflict, also widespread, long-term and severe damage to the natural environment is the consequence of using of the certain methods or means of warfare or on its own became the method of warfare. Also the article examines the correlation between the relevant provisions of the Statute of the International Criminal Court and Art. 438 (violations of the laws and customs of war) and Art. 441 of the Criminal Code of Ukraine, which provides for responsibility for ecocide. Acts that are suitable for abovementioned characterics (substantive, subjective, contextual) can be qualified as a war crime in accordance with sp. «iv» p. «b» of p. 2 of Art. 8 of the Statute of the International Сriminal Сourt. Other acts, that, although they caused widespread, and possibly irreversible, damage to the natural environment, soils, water resources, animal and plant life, but in the absence of one or more of the abovementioned characterics, will not constitute a war crime in accordance with the sp. «iv» p. «b» of p. 2 of Art. 8 of the Statute of the International Сriminal Сourt. However, such actions may qualify under Art. 438 of the Criminal Code of Ukraine as «other violations of the laws and customs of war provided for by international treaties, the binding consent of which was given by the Verkhovna Rada of Ukraine, as well as the issuing of an order to commit such actions», because there is a severe violation of international law within the context of the provisions of articles 35, 51, 55 85 of Additional Protocol to the Geneva Conventions for the Protection of Victims of International Armed Conflicts. Also such actions may qualify under Art. 441 of the Criminal Code of Ukraine as ecocide – mass destruction of flora and fauna, poisoning of the atmosphere or water resources, as well as the commission of other actions that can cause an environmental disaster. Key words: the Statute of the International Сriminal Сourt, war crime, widespread, long-term and severe damage, the natural environment, methods or means of warfare, proportionality, military advantage anticipated, other violations of the laws and customs of war, ecocide.

International and national legal approaches to compensation of environmental damage caused by military actions

The article analyzes international and national legal approaches to compensation for environmental damage caused by military op It is noted that today the world experience of compensation for environmental damage caused by military operations has already been gained. It can serve as a basis for bringing the Russian aggressor to justice for causing huge environmental damage in Ukraine. In particular, the discusses the punishment for losses and damages caused to Kuwait as a result of the Iraqi military invasion and occupation. It is noted that the experience of the Compensation Commission for the Iraq-Kuwait Conflict is used by the Ukrainian side in creating an international register of damages. Ukraine also relies on the approaches to the Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory, which was created by the United Nations to record the consequences of Israel’s construction of the security wall against Palestine.The analyzes the legal provisions on crimes against the environment that fall under the jurisdiction of the International Criminal Court. The emphasizes the relevance of ratification of the Rome Statute of the International Criminal Court by our country in the context of the war in Ukraine. The provisions on the protection of the natural environment in the conduct of hostilities, as defined in the Protocol Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), are considered. The functioning of the Register of Damage Caused by Russia’s Aggression against Ukraine, which was recommended in the UN General Assembly Resolution (2022) and decided to be established at the Council of Europe Summit (2023), is noted.The analyzes a number of regulatory legal acts of Ukraine aimed at identifying (and recording) property damaged and destroyed as a result of hostilities, terrorist acts, and sabotage caused by the armed aggression of the Russian Federation against Ukraine, including in the field of ecology.The author concludes that today, both at the international level and in Ukraine, there is a need to finalize the gaps in the legal framework for compensation for environmental damage caused by war.

Addressing Non-International Armed Conflicts Vis-À-Vis International Humanitarian Law and Human Rights Regime

In contrast to traditional wars fought between States, most armed conflicts under international law have been fought within the boundary of States. Non-international armed conflicts (NIAC) are those internal wars or armed conflicts that occur inside the border of a State and include conflict between the government of a State and armed groups or only between armed organizations. Since these internal armed conflicts mirrored war between States in nearly every way, a need arose for a set of laws that might put efforts to 'humanize' their conduct at the same level as the laws regulating international armed conflict (IAC). This article highlights the significant debate between international and non-international armed conflicts and whether the difference has been virtually removed. This paper then discusses how NIAC is governed by the body of laws known as international humanitarian law (IHL). Lastly, this research looks at the debate on the difference between international and non-international armed conflicts from the standpoint of international human rights law (IHRL) to understand the characterization of armed conflicts under IHL. Indeed, there is a great deal of ambiguity in borderline circumstances due to the sliding scale for applying IHL and IHRL in NIAC, which also imposes differing obligations on the government and armed groups. Adopting a harmonious and cooperative approach may prevent any detrimental effects on the development of IHL and IHRL.

Customary Sources of International Humanitarian Law, Geneva Conventions and their Relationship with the Second Additional Protocol of the Geneva Conventions of 1949 Relating to the Protection of Victims in the Non- International Armed Conflicts

This paper will address the importance of customary humanitarian law as a source of international humanitarian law which is one of the main pillars in the protection of human rights and freedoms during the war. The focus of the paper is the importance of the Geneva Conventions of 1949 and the second additional protocol dealing with the protection of victims during non-international armed conflicts. The purpose of this paper is to analyze the actual role of the Geneva Conventions and Additional Protocol II in providing legal protection to individuals in non-international armed conflicts. Article 3, is a common Article for all the Geneva Conventions of 1949, which aims to assist and serve as a mandatory norm in non-international armed conflicts. On the other hand, this Article is "assisted" by the second additional protocol which provides slightly more explanations separately from these conventions, regarding the protection of victims during armed conflicts of a non-international character. We are witnessing that the world is evolving more and more every day and armed conflicts are becoming more and more frequent due to different interests that certain social groups have. In this regard, it is necessary to draft more detailed norms with binding force for the parties to the conflict, in order to reduce or avoid consequences on people. The question raised in this paper is: why should the Additional Protocol II to the Geneva Conventions be binding and enforceable along with the four 1949 Conventions? In this paper, the case of Kosovo will be addressed. In this paper are used the analysis, comparison, historical methods of research.

The Changing Significance of Nationality for the Protection of Civilians in the Hands of a Party to an International Armed Conflict

Abstract The Fourth Geneva Convention provides the main protection regime for civilians in the hands of a party to an international armed conflict. Yet its application is limited to non-nationals, and conditional upon states’ belligerent and legal relations. This article historicises and problematises the so-called nationality requirement for the treatment and protection of civilians. The significance of nationality for international humanitarian law has changed considerably since the late nineteenth century. The complex delineation of civilian protected persons under the Fourth Geneva Convention was, therefore, not inevitable. The article challenges the common perception of the treaty as a humanitarian achievement designed to safeguard innocent and vulnerable civilians. This detailed study of nationality provides insights into the changing perception of civilians as war victims and the role of international humanitarian law in protecting them.

INTERNATIONAL ARMED CONFLICT AND ITS IMPACT ON EDUCATION

Violent conflict represents one of the greatest development challenges facing the international community. If we look beyond the immediate human suffering in these cases, we find that international armed conflict is one of the underlying causes of poverty, inequality and economic stagnation. Children and education systems are often the targets of violent conflict. It is necessary to liberate all the energies and capabilities of education in order to become a force for peace, therefore the Preamble to the Constitution of UNESCO declares that “since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed.” (UNESCO,2011) There are no more immune bulwarks than public behaviours and attitudes based on tolerance, mutual respect and a commitment to dialogue, which must be developed and refined every day in classrooms around the world. If schools are used in another way, i.e., as a tool for the development of a spirit of intolerance, chauvinism and disrespect for others, this not only leads to ignorance but also paves the way for violence. Official and non-official stakeholders involved in the United Nations system should take an active role in rebuilding education systems in conflict-affected countries, drawing on work in the areas of intercultural dialogue in order to spread peace, curriculum development, teacher preparation and textbook reform, passed Many years since the establishment of the United Nations, the nature of the challenges posed by the militants has changed and the methodology of conflicts has changed, but the principles, values and institutions on which the regime is based have not changed, though the United Nations has retained its credibility and remained in force as always. In his article, the author refers to the necessity of education in building societies, drawing on examples from the history of nations to inform the public of the need to support educational institutions by states, governments and even at the level of individuals and civil society activists because of their profound impact on the sustainability, goodness and prosperity of societies. It has presented some legal texts that have been enacted to protect education at all levels and the rights of learners in times of armed conflict and insecurity.

Legal Regulation of Environmental Protection during Armed Conflicts on the Example of Ukraine

The article analyzes the impact of military operations on the state of ecosystems and individual natural resources in Ukraine. Based on the analysis of Ukrainian and foreign sources, it was made a conclusion about the catastrophic damage to the environment caused by the military aggression of the Russian Federation. In particular, the environmental damage as of September 2022 is estimated at almost 1 trillion hryvnias and continues to grow daily.
 Taking into account the fact that the impact on the environment during armed conflicts almost always has a transboundary nature, author analyzed the provisions of international acts that regulate this problem. These are the Stockholm Declaration (1972); the World Charter of Nature; the Rio Declaration on Environment and Development (1992); the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts; Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction. It was established that all the mentioned documents call on the international community to take measures for preventing or minimizing the destructive impact on the environment during military operations.
 The author paid particular attention to Ukrainian legislation. The Instruction on the Procedure for Implementing the Norms of International Humanitarian Law in the Armed Forces of Ukraine requires following the provisions of international humanitarian law, including, in the context of environmental protection. In the Basic Principles (Strategy) of the State Environmental Policy of Ukraine for the Period Until 2030, it is noted that it is absolutely necessary to solve the issue of access to the objects of the military-defense industrial complex in order to carry out appropriate supervision and control over compliance with environmental legislation at these objects. A separate block of normative acts is devoted to the legal regulation of the procedure and methods of determining damage and losses caused to the environment of Ukraine as a result of the armed aggression of the Russian Federation.
 Despite the fact that the war continues, the development of normative acts aimed at regulating the reconstruction of destroyed or damaged territories and objects is already being observed. The author analyzed some of them, identified shortcomings and proposed ways to eliminate them.

Might as Right? The Nature of Laws of War applicable to Targeting and Detention in International Armed Conflicts

Abstract Do laws of war applicable to International Armed Conflicts (iac s) authorize targeting and detention or do they simply regulate targeting and detention as an exercise of power in war by belligerents without providing authorization? This question has been the subject of debate in the recent past. The traditional understanding of laws of war, simply as a protective regime has come under increasing challenge from claims laws of war authorize targeting and detention in International Armed Conflicts. While these claims have mainly been made to establish in laws of war satisfaction for the requirement of Human rights law for a legal basis for targeting and detention, the transmutation of what in the perspective of laws of war is simply an exercise of power into legal permission has consequences beyond that relationship. It also impacts the relationship between laws of war and jus ad bellum, and more gravely it cloaks what is an otherwise exercise of brute power in war with the garb of legal competence. It transmutes what is simply might into right. The transmutation, re characterizes an iac from the perspective of laws of war as simply a fact, into its legal construct. Therefore, this paper interrogates the nature of the laws of war, to show they simply regulate targeting and detention in iac s without providing legal permission.

Detainee Transfers and the Principle of Non-refoulement in Relation to ‘Non-belligerent Supporting States’ in Non-international Armed Conflicts

Abstract In the past 20 years, many States have purposefully shifted away from taking detainees in non-international armed conflicts (NIACs) and have instead relied on partner forces—both State and non-State actors—to take responsibility for any NIAC detainees. The question this article seeks to address is to what extent ‘non-belligerent supporting States’ have obligations to ensure that detainee transfers by partners comport with the principle of non-refoulement, by which a person may not be transferred if they are at a real (or substantial) risk of a violation of their fundamental rights. The authors explore several legal approaches to better understand how a non-belligerent supporting State may incur legal obligations in relation to detainee transfers through the support it provides. The article first examines how support triggers belligerent status (and thus belligerent obligations) under International Humanitarian Law (IHL), and tackles to what extent non-belligerent supporting States may incur legal obligations under IHL more generally, noting the gap between the rules of International Armed Conflict and NIACs in this respect. Secondly, specific obligations non-belligerent States may incur with respect to the principle of non-refoulement in relation to detainee transfers by a belligerent party during a NIAC are identified. Finally, the authors examine three categories of support—logistics/transportation support, intelligence sharing, and belligerent-party-to-non-belligerent-party detainee transfers—to demonstrate how varying degrees of support by non-belligerent States in the context of a NIAC could trigger the obligations to ensure respect of the prohibition against non-refoulement by belligerent partners through the auspices of Common Article 1. The article concludes that while Common Article 1 obligations indeed arise in these scenarios, the scope of the external or positive obligations of Common Article 1 are still unsettled under IHL and thus require further development to create a common understanding of the international legal obligations to avoid the violation of the principle of non-refoulement by partner forces.

Approaches to the Creation of Special Institutional Mechanisms for Compensation of Damage Caused by International Armed Conflicts

Approaches to the Creation of Special Institutional Mechanisms for Compensation of Damage Caused by International Armed Conflicts

Legal Classification on the Armed Conflict Between Ukraine and Russia in Light of International Humanitarian Law

The conflict between Russia and Ukraine in February 2022 began with the intervention of the Russian army into the sovereign territory of Ukraine without a declaration of war. Therefore, this conflict must be categorized as whether it is included in a non-international armed conflict or an international armed conflict in order to be able to resolve it. As a result, the conflict between Russia and Ukraine is included in the category of International Armed Conflict because it fulfils the conditions carried out by the state and the intensity of attacks from combatants of the two countries.

Georgia v. Russia (II) (Eur. Ct. H.R. (Grand Chamber))

Georgia v. Russia (II) is only the first judgment since Bankovic in which the European Court of Human Rights (ECtHR) has examined the question of jurisdiction in an interstate case involving military operations in the context of an international armed conflict (IAC).

Legal Classification of Conflict in Nigeria (Boko Haram Case Study)

International Humanitarian law set rules and principles that are necessary to guide the conduct of parties to a conflict. The law was not formulated to cover all kinds of conflicts and are only restricted to apply in the cases of International Armed conflict (IAC) and Non- International armed conflict (NIAC). In this article, we shall analyze IAC and NIAC with more focus on Non- International armed Conflict and thereafter, I shall consider in detail the conflict between Boko haram and Nigeria determining the specific kind of conflict it falls under International Humanitarian law, all necessary criterions for assessment will be fully analyzed. Going further, other recent issue bordering on its classification such as the extension of Boko haram conflict to neighboring countries will be assessed and then finally with a conclusion.