30 October 2018
Our Rule of Law in Armed Conflicts (RULAC) online portal provides a detailed analysis and legal classification of the international armed conflict (IAC) between India and Pakistan over Kashmir.
Visitors can discover an overview of the conflict since its inception in 1947, recent developments, the factual and methodological basis for its classification as an IAC, parties to this conflict and the applicable international law.
‘The disputed status of Kashmir has been a source of conflict between India and Pakistan for more than 70 years, with a devastating impact on the civilian population’ stresses Chiara Redaelli, Research Fellow at the Geneva Academy.
‘The threshold for classifying a situation as an IAC is very low: whenever there is resort to violence between two states, there is an IAC’ underlines Chiara Redaelli. ‘Hence, although there is no fully fledged war between India and Pakistan, international humanitarian law of IACs continues to apply between the two countries due to regular border skirmishes and ceasefire violations that have increased since 2013’ she adds.
Initiated in 2007, RULAC is an online portal that systematically qualifies situations of armed violence using the definition of armed conflict under international humanitarian law (IHL). While RULAC is still under development and new entries continue to be regularly added, it currently monitors more than 26 armed conflicts involving at least 39 states that visitors can discover either by browsing the map or by browsing conflicts by type or region.
‘The RULAC database is unique in the world in that it legally classifies situations of armed violence that amount to an armed conflict under international humanitarian law (IHL)’ underlines Marco Sassòli, Director of the Geneva Academy.
‘This is crucial because IHL applies only in armed conflicts. Before humanitarian players, civil servants or academics can invoke IHL or analyze whether IHL was violated, they must know whether it applies. Outside armed conflicts, only international human rights law applies’ he adds.
During one week, Berta Fernández Rosón, Melina Fidelis Tzourou and Yulia Mogutova – currently enrolled in our LLM in International Humanitarian Law and Human Rights – represented the Geneva Academy at the 34th edition of the Jean-Pictet Competition that took place in Denpasar, Indonesia. They reached the finals of the competition.
Further research conducted by the RULAC research team highlighted that the level of organization of the Sinaloa Cartel, as well as the intensity of the armed violence between this cartel and both the Mexican armed forces and the CJNG allow classifying these two situations as non-international armed conflicts.
Join us for our open house to learn more about this part-time programme designed professionals, meet staff, students and alumni, and discuss career opportunities.
As an annual publication, The War Report provides an overview of contemporary trends in current armed conflicts, including key international humanitarian law and policy issues that have arisen and require attention.
This project intends to clarify the conditions of accountability for international crimes by providing a detailed assessment of the customary international law status of, in particular, the actus reus and mens rea elements of modes of liability: planning, instigating, conspiracy, direct and indirect perpetration, co-perpetration, the three forms of joint criminal enterprise, the doctrine of common purpose under the Rome Statute of the International Criminal Court, command responsibility and aiding and abetting.