According to Karl Von Clausewitz, War is a continuation of political intercourse by other means, as such it often takes place when arbitration, mediation, and negotiation have failed to remove its cause. war has been a constant feature of history since primitive times. In ancient states warfare was usually a community enterprise, but as society divided on a functional basis, a warrior class developed, and the army and navy become component parts of the state. In many instances, both recent and historic, the military has ruled the state. The use of fighting forces as instrument of war becomes a scientific act with the development of strategy and tactics. Since the dawn of history, men have fought against man. Any struggle in which two large groups try to destroy or conquer each other is war. There have been many kinds of wars. Families have fought against families, tribes against tribes, followers of one religion with the followers of another. In modern times, wars have been fought between nations or group of nations in which civilians also join. War is armed conflict between states within a state (Civil War), prosecuted by force and having the purpose of compelling the defeated side imperialism, nationalism, and militarism have been called the dynamics of war. Humanitarian law is intended principally for the parties to the conflict and protects any individual not or no longer actively involved in the conflict. The law on international armed conflicts extensively codified with clearly differentiated provisions. In situations of internationals armed conflicts the Geneva Conventions and Protocol-I apply. The most important general observation to be made is that, like human rights law, humanitarian law is based on the premise that the protection according to victims of war must be without any discrimination. This is such a fundamental rule of human rights that it is specified not only in the United Nations Charter but also in all human rights treaties. One of many examples in humanitarian law is Article 27 of the Fourth Geneva Convention of 1949: “all protected persons shall be treated with the same consideration by the party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion:” by outburst or primitive, raw violence. When states cannot or will not settle their disagreements or differences by means or peaceful discussion weapons are evidently made to speak. War inevitably results in immeasurable suffering among people and in severe damage to objects. War is by definition evil, as the Nuremberg tribunal set forth in its judgment of the major war criminals of the Second World War. No one could presently justify war for its own sake. War is a violent conflict between states. Though the word is used to describe other types of conflict civil war, class war, is an aspect of politics. The state outlaws many formerly acceptable types of group violence, but uses those types, such a war or even controlled rioting in some cases that its leader finds useful. War in popular sense is conflict among political groups involving hostilities of considerable duration and magnitude. Military writers usually confine the term to hostilities in which the contending groups are sufficiently equal in power to render the outcome uncertain for a time. Armed conflicts of powerful states with primitive peoples are usually called pacifications or military expeditions; with small states, they are called interventions or reprisals; and with internal groups, rebellions or insurrections. Such incidents, if the resistance is sufficient, may achieve magnitude which entitles to name “War”. Humanitarian law is intended principally for the parties to the conflict and protects any individual not or no longer actively involved in the conflict. International armed conflicts are regulated under the Geneva Conventions and Protocol I apply. They together constitute humanitarian law which brings within its scope the conflict and protects any individual not or no longer actively involved in the conflict. The following are the areas within the ambit of humanitarian law:
• Wounded or sick military in land warfare, and members of the armed forces medical services.
• Wounded, sick or shipwrecked military personnel in naval warfare, and members of the naval force’s medical services.
• Prisoners of war.
• The Civilian population;
• Foreign Civilians on the territory of parties to the conflict, including refugees;
• Civilians detainees and internees;
• Medical and religious personnel or civil defense units.
The subjects and wording of Protocol I’s Article 75, entitled “Fundamental guarantees”, are in fact directly inspired by the major human rights instrument, for it lays down the law of non-discrimination, the main prohibition relating to the physical and mental well- being of individual, the prohibition of arbitrary detention and essential legal guarantees. The same could be said of Article 4, 5 and 6 of Protocol II, which, in situation of non-international armed conflict, are the counterpart to the aforesaid article in Protocol I. In the event of non-international armed conflict Article-3 common to the Four Geneva Conventions and Protocol-II apply. It should be noted that the conditions of application of Protocol-II are stricter than those provided for by Article-3. Article 3 Common to the four Geneva Conventions is regarded as a sort of treaty in miniature. Even in dealing the provisions of Protocol II, the rules on internal armed conflicts. It has proved difficult to strengthen the system of protection in non-international armed conflicts in the face of the principle of state sovereignty. Cases of this type are governed by the provisions of human rights and such measure of domestic legislation as may be invoked. The term “International Armed Conflict” refers to the situations that evolve two or more states engaged in armed conflict. In such situations, the central provisions of international humanitarian law become operative, particularly those contained in the all four Geneva Conventions and Protocol I of Geneva Conventions. In addition, most human rights guarantee remains applicable in such situations, albeit objects to the same types of derogations and limitations permitted to the governments in situations of internal tensions and disturbances. The Geneva Conventions apply in full to “All cases of declared war or any other armed conflict which may arise between two or more of the high contracting parties, even if the state of war is not recognized by the one of them”, or in “any cases or partial or total occupation (if the territory of a high contracting party”. The applicability of international humanitarian law is clear in the case of declared wars between two or more states. Such conflicts clearly qualify as internationals “armed conflicts”. Hostilities between states are, for the most part, governed by the laws of war irrespective of the intensity, duration or scale of the conflict. According to the official commentary of the ICRC, the conditions for an international war are satisfied whenever any differences arises leading to the use of armed forces between the militaries of two states. The price of war is commonly assumed to be paid primarily by men. Yet, as soldiers themselves, as victims of sexual violence, as refugees, and in other ways, women are also greatly harmed by armed conflict.
(The Author is Research Fellow at United nations World Peace Institute. Views are exclusively his own)