Ginkluoto konflikto samprata tarptautinėje humanitarinėje teisėje ir jos taikymo problemos moderniuose ginkluotuose konfliktuose.
The present article deals with the problem whether the concept of armed conflict embedded in international humanitarian law is sufficient to meet legal challenges posed by the new armed conflicts of XXI century. The first part of the article analysis the concept of armed conflict according to the current framework of International Humanitarian Law. The main attention is focused on two points: requirement for the party to the armed conflict and intensity of the armed conflict. It is widely accepted that only state can be a party to the international armed conflict with the specific exception to the nations seeking selfdetermination, however, many more problems arises while dealing with the requirement for non-state party to the non-international armed conflict. Neither commentaries nor jurisprudence provides precise criteria for such party except its capability to wage protracted armed violence and organisation. Therefore it is evident that in most cases (with exception of Second Additional Protocol) the main decision on the existence of non-international armed conflict is taken by the state (or international community). Therefore even objective criteria as party’s organisation and conflict’s intensity becomes subjective in the course of actual application by the states. [...]
- Straipsniai / Articles