International armed conflicts (IACs) are usually fought between sovereign States and can take three forms: declaration of war, military occupation (even if met with no armed resistance) or any resort to armed force between two or more States (no matter how limited the violence is).1 Art 2 common to the four 1949 Geneva Conventions Military occupation constitutes a particular form of IAC and, when met with resistance, falls within the resort to armed force between States – the most common form of IACs in practice. However, given that occupation must satisfy a particular definition and is governed by a specific legal regime, War WATCH specifies each time whether a given IAC includes a situation of military occupation. Exceptionally, conflicts involving organized armed groups are nevertheless considered as IACs when the armed group is under the (overall) control of another State2 ICTY, Tadić, Appeals Chamber, Judgment, IT-94-1-A, 15 July 1999, para 96; ICC, Lubanga, Pre-Trial Chamber I, Decision on the Confirmation of Charges, ICC-01/04-01/06, 29 January 2007, para 211; ICC, Lubanga, Trial Chamber, Judgment pursuant to Article 74 of the Statute, ICC-01/04-01/06, 14 March 2012, para 541 or is fighting a war of national liberation.3 Art 1(4), AP
- 1Art 2 common to the four 1949 Geneva Conventions
- 2ICTY, Tadić, Appeals Chamber, Judgment, IT-94-1-A, 15 July 1999, para 96; ICC, Lubanga, Pre-Trial Chamber I, Decision on the Confirmation of Charges, ICC-01/04-01/06, 29 January 2007, para 211; ICC, Lubanga, Trial Chamber, Judgment pursuant to Article 74 of the Statute, ICC-01/04-01/06, 14 March 2012, para 541
- 3Art 1(4), AP