VYETH Student Magazine

Armed Conflicts and Role of International Law in 21 Century

Nuomaan Gojwari
B.A.LLB 5th Semester Roll No: 33


One of the key figures in Indian Philosophy of Yoga and Vedanta has rightly said ‘the peaceful Nations, fall down and yet rise again; but the other, once they go down, they do not come up they die. Blessed are the peacemakers,
for they shall enjoy the full freedom on Earth’…. Swami Vivekananda.
Ever since the rise of civilization, war and armed
conflict has been most significant threat to Human
Life, Property, and Liberty. The Humongous amount
of violence has caused quantifiable sufferings and
cries to millions and millions of people in course of
armed conflict. On Logical basis it seems astoundingly
absurd that murder of innocent is regarded as a negative social sanction and is treated as a crime, but patriotism has a view that murder in view of armed conflict is a noble cause or a war state duty. Moving on Conflicts arise day to day all around the globe taking in to consideration armed
conflict zones such as Abuja and Yola in Africa, Sudan and Kiev and many s Armed conflict The change in Civilians and soldiers in terms of armed conflict has been changed in a drastic manner
in relation to armed conflict and international law. As the two folded system is a criterion on which it has been changed as there is no longer plethora of different term or definition which has
been proposed such as ‘Refugee Warriors or civilian augments there has been a necessary legal process of adapting to their changing nature of armed conflict although having no clear definition
till date. Strategically speaking two of the new trends have come across By political decline in between interstate war, new revolution in armed military and growing role of civilian helping in
developing new high tech warfare Conflicted pervasiveness and civilians. In situation as that of Armed conflict International law has no doubt that major peace keeping law that gives us the ruling and true usage of deploying force are necessary proportional measure of self response to
any armed conflict or armed attack . On the other hand Professor Andrew Clapham says that it is uncontroversial that International Law prohibits certain behaviors in armed conflicts. Not
only chemical weapons of destruction are prohibited but they are under sensor that they target civilian’s and torture the prisoners of war . For such type of maintains and control one such law
has immense responsibility towards Armed conflict which is “The International law “ on the other hand International Humanitarian law (IHL). International Humanitarian law treaty creates
a differentiation between non international and armed conflicts in the article 3 of the Geneva Convention 1949. Armed conflict and international law contribute each other , As The international
Law resorts to war and settles further disputes between states but it is controversial that it prohibits some of the provisions also by being such a law it sometimes seems little less than it
has to be discussed . Going back in time in August 1949 on the protection of war victims all contributed towards a wide theory and application of the International law but it at that time didn’t play a quite role in pre and post conflict area , generated only academic general instructions more important and compounding matters were regarded as a tendency which resulted in establishment of International law . Talking about its after effects three factors have contributed largely to the development of Inter nation law in 21 century when it comes to Armed conflict the
first has been the growing change in international law and humanitarian law and international law rights , Obviously in the adoption , virtually verbatim , of the fair trail provisions of 1966 of
International convention on civil and political rights.
The second factor involves two interrelate developments . one is the emergence in recent years of a trend towards structured peace processes in relation to the stalemated violent conflicts
which includes Yugoslav , Palestine , Israel And South Africa since the balance of these forces or circumstances in these conflicts were such that no side was able to achieve a military victory
and thus to impose its will on the other , the negotiating processes have had to attempt to reconcile the interests and concerns of all sides . The above discussed development has been the process of structured transition from military to civil rule.

The Third and the important factor is directly related to the the peace making progress and process issue , through the creative establishment of the International Criminal tribunal for
Rwanda and lastly by the acceptance and establishment of treaty based on Roman structure of International criminal court the creation and operational process the ICTY and ICRT have contributed to the overall picture not only through their impact on the development of the substantive law but also a heartrending heating debate on peace process issue , is the Resurrection of the intentional criminal tribunal model , the purpose of international; law here is that how conflict zones and warfare areas seek help from international law and how international law
develops and establishes various operational progressive progressions.