Theory And Practice Of International Intervention In Non-international Armed Conflict

After the 2nd world war, although the massive armed conflict between countries seldom occurs, but domestic armed conflicts are increasingly frequent, which not only harms related national security, but also impact the neighboring countries or regions significantly. It is usually caused by some problems as regime struggle, the racial conflicts, and extremely cruel. This requires international law should regulate the application on the issue of armed conflict and be the legal basis for international intervention law. Early in 1949 appeared laws application on non-international armed conflict, the States agreed on some certain standards should be abided in such war in the common article 3 of 4th Geneva conventions. The Common article 3 binds all parties of non-international armed conflict, including the provisions of the non-state armed groups of organized. The Common article 3 is thought to reflect the basic humanitarian considerations, and then, the other treaties and customary humanitarian law, which adjust the behavior of non-international armed conflict parties, do a supplement and complete for it.The ultimate goal of international intervention is ensuring that the persons of no direct part in hostilities or have no direct part in hostilities to provide protection, the drafting of the law only the first step. The real challenge lies in the hostile parties to understand these rules and to ensure its application. Certain legal instruments and policy reasons may help to persuade the parties to the conflict to better comply with these rules.First, the introduction of this article describes that the increasing the outbreak of non-international armed conflicts impact of the international community, resulting in many countries attention to make the law suit for use in the international intervention of non-international armed conflicts more and more, prompting for the law of non-international armed conflicts has been a huge development. This leads to the content and basis of these international intervention rules in non-international armed conflict is worth our study.The first part describes the characterization of non-international armed conflict. Between non-governmental armed groups fighting government forces or with the intensity of combat more than isolated and sporadic acts of violence, also to achieve the degree of collective organization, enable them to an ongoing and concerted action, in addition to the territory by armed groups may also exercise some control over the minimum. Although the exercise of such control can't change the status of parties to the conflict, but which can determine the applicable legal documents. From the definition of non-international armed conflicts leads to the practical significance of non-international armed conflict. For the full text of the better ideas to start to play a role.The second part mainly discuss from such a theoretical basis, probe into international intervention in non-international armed conflicts. Start to talk about the perspective of national sovereignty under international law weakening, and than before the question of international intervention to be considered in that of discussing the protective responsibility, finally, leads the UN Security Council is the political basis for international intervention.The third part puts forward the legal practice of the international intervention, and do some research on the non-international armed conflict in the law applicable. National statement, military manuals and domestic legislation all belong to the political means of domestic zed penetration in the international law. However, these methods are not enough to inhibit the non-international armed conflict. Once the non-international armed conflicts happen, the trial jurisdiction will involve the author show on the rationality and complexity of International intervention non-international armed conflict from the one case not retrial" and "Universal jurisdiction. So, inevitably leads international intervention in the legal basis. The four Geneva conventions stipulated the non-international armed conflict laws applicable scope. The author respectively from the treaty law, common law, international humanitarian law and international human rights law four aspects, analyzed each method of conflict and blending between each other.But each regulations also cross each other, yet each have their own defects.Finally, from the legal practice leads to must be faced with the problems of the international community intervention in non-international armed conflicts, when it applies the relevant rules of international law. So far there is no generally accepted international treaties by the every state make a distinction between non-international armed conflicts and terrorism, and anti-government rebels'injustice treatment is becoming the incentives that non-international armed conflicts increasingly frequent. If want to realize the international rule of law only can have a possibility of existence and suitable for use under the premise of the universal peace and Local disturbances in the world. According to the existing legal system to protect from the procedural law of armed organizations and their participation in anti-government elements is the national human rights should protect the interests of the most effective way.