International and Non International Armed Conflict - Essay Example

Humanity has witnessed wars since time immemorial and the ancient civilizations were observed as being particularly horrific in their conduct of war. However, the numerous conflicts of the relatively modern era are likely to cause many to question if any restrictions do exist to the behavior of parties involved in a conflict. In the present day and age, the law of war is known as the ‘international humanitarian law applicable in armed conflict’ or ‘humanitarian law’. International law has now evolved and attempted to prescribe rules that govern the resort to force and an attempt is also made to try to regulate the conduct of hostilities (Shaw, 2003, Pp.

1054 – 1055) and (Bouvier, 2006, Chapter 1). The law of war has been shaped by customary rules and conventional or codified rules. A long history of evolution is to be observed in the development of the law of armed conflict. Military leaders or those in political authority used to issue instructions about the treatment of civilians or enemy soldiers that tried to restrain excesses and these gradually developed into customary rules of war (Kalshoven, 2001, Pp. 15 – 17) and (Carrillo Salcedo, 2005, Chapter 1).

However, the scope and the content of the customary rules of war had generally remained elusive and uncertain. The development of the law of war as treaty law can be traced back to the early 1860s when international conferences at The Hague and Geneva resulted in international treaties related to humanitarian aspects of armed conflicts.