Câteva consideraţii generale cu privire la domeniul de aplicare al dreptului internaţional umanitar. Conflictele armate cu caracter internaţional şi conflictele armate fără caracter internaţional aspecte terminologice, tipologie, clasificare
General Remarks on the Scope of Application of International Humanitarian Law. International and Non-International Armed Conflicts: Terminology, Typology, Status Quo, Evolutions

Summary/Abstract: International humanitarian law was created by states to apply to situations of armed conflict between them and aims to protect persons and property, which could be affected by hostilities, as well as to restrict and regulate the conduct of belligerents in general during their development. Although it is fully accepted that international humanitarian law becomes applicable in the event of an armed conflict, conventional international humanitarian law does not contain a precise and comprehensive definition of what is meant by "armed conflict". The task of interpreting and clarifying this phrase fell to the practice of states, jurisprudence and doctrinaires that used mainly the conventional provisions that distinguished between the two types of armed conflict in which international humanitarian law would be applicable. Thus, from a legal point of view, conventional international humanitarian law distinguishes between two types of armed conflict, in which its rules become applicable, namely: international armed conflicts and non international armed conflicts. International humanitarian law will not apply in the case of interstate confrontations, which are not armed conflicts, or in situations of internal unrest and tension (protests, isolated and sporadic acts of violence or similar acts that do not reach the degree of seriousness to be considered armed conflicts). Thus, in the absence of an armed conflict, any divergence between States or any issue relating to individual protection will be resolved in accordance with applicable law in peacetime. In addition, the characteristics of contemporary armed conflicts pose a major challenge to the way in which the rules of international humanitarian law apply. These characteristics include: increasing the number of asymmetric conflicts, the involvement of the armed forces of one or more third countries in local/national conflicts, but which have international relevance or the proliferation and fragmentation of armed parties.

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