APPLICABILITY OF CUSTOMARY INTERNATIONAL HUMANITARIAN LAW: SPECIAL REFERENCE TO INTERNAL ARMED CONFLICTS

Abstract

This paper mainly examines applicability of traditional international humanitarian laws to non - international armed conflicts. There are two branches of laws available in Humanitarian law, such as treaty law and customary law. Four Geneva Conventions and Hague Conventions are main treaty laws which attempt to cover each and every area in relation to armed conflicts. Customary international humanitarian laws are also playing a major role in hostilities according to the state practices. As mentioned above there are different types of rules that are applicable to these armed conflicts. Both treaty laws and customary international laws attempt to limit the violations in the hostilities. Although, traditionally many rules are applicable only in international armed conflicts, rules have become applicable to internal armed conflicts as well. Even though, it does not mean that the whole corpus of international humanitarian law (IHL) has become applicable to such armed conflicts. Because it can be argued that internal armed conflicts still retain some specific areas where rules relating to international armed conflicts do not apply. The main objective of this study is to evaluate whether whole body of international humanitarian law applicable to non-international armed conflicts? In conclusion, this paper intends to establish that there should be a uniform conventional obligation for all states in relation to applicability of humanitarian laws for both international and internal armed conflicts. This research is a qualitative research, mainly based on international treaty law, customary international law, case law, academic writings, policies and international standard setting documents.