The War Report, the first comprehensive global analysis of armed conflicts under international law, was launched today by the Geneva Academy of International Humanitarian Law and Human Rights.

The War Report finds that at least 38 armed conflicts took place in 24 states and territories in 2012. At least 95,000 people, mostly civilians, were killed by belligerents and many hundreds of thousands were wounded.

A high proportion of casualties in 2012, almost 35,000, came from indiscriminate use of weapons in populated areas. More than 90% of these are thought to have been civilians.

Syria saw the highest number of casualties with an estimated 55,000 people killed. The next highest casualty numbers were 9,000 in Mexico and 7,500 in Afghanistan.

The War Report identifies conflict that can be classified as “armed conflict” under international humanitarian law such as the Geneva Conventions. Only accused violators in conflicts classified as such can be prosecuted for war crimes.

“The classification of an armed conflict under international law is an objective legal test and not a decision left to national governments or any international body, not even the UN Security Council” says Andrew Clapham, Director of the Academy and Graduate Institute Professor in International Law.

“It is not always clear when a situation is an armed conflict, and hence when war crimes can be punished”, added Professor Clapham. “The War Report aims to change this and bring greater accountability for criminal acts perpetrated in armed conflicts.”  

Only one international conflict involving two states occurred during the year: Sudan and South Sudan. A second, between the USA and Pakistan, was not formally qualified as an international armed conflict in 2012, but this possibility is discussed in the Report.

Nine of the armed conflicts were continuing military occupations by a foreign country of parts of other states and territories: Azerbaijan, Cyprus, Eritrea, Georgia, Lebanon, Moldova, Palestine, Syria, and Western Sahara.

The vast majority – 27 armed conflicts in 24 states and territories – were “non-international” in character, mainly conflicts between national states and non-state armed groups. These included conflicts in Afghanistan, the Central African Republic, Colombia, the Democratic Republic of Congo, Gaza, Mali, Mexico, Myanmar, the Philippines, Somalia, Sudan, Syria, Thailand, Turkey, and Yemen.

“The long term trend from officially declared wars between sovereign states to armed conflicts inside states and territories has important implications for international justice” says Stuart Casey-Maslen, Head of Research at the Academy.

“Without a clearer legal basis for what constitutes an armed conflict under international law, accused perpetrators of war crimes will not be prosecuted,” added Dr Casey-Maslen.
 
The UK and the USA did prosecute some of their troops for war crimes in 2012 in Afghanistan. Few of the 38 conflicts classified in the War Report however have led to any investigations, let alone prosecutions, for war crimes in 2012.

Turkey, Mexico and Thailand do not recognize the existence of armed conflicts, as defined by international law, on their territories. The War Report for 2012 says this interpretation would not stand up in an international court, and therefore accused violators could be potentially liable for war crimes.   

Armed conflicts in 2012 saw pervasive incidents of rape and other acts of sexual violence against women, men and children, some as young as five.

“Sexual violence continued to be a prominent feature of armed conflict in 2012,” says Alice Priddy, Researcher at the Academy. “While most survivors remain traumatized, stigmatized and without redress, most perpetrators remain at large and enjoying impunity.”

Sexual abuse was widely reported in 2012 in conflicts in Afghanistan, the Central African Republic, Colombia, Côte d’Ivoire, the Democratic Republic of the Congo, Libya, Mali, Myanmar, Somalia, South Sudan, Sudan, Syria, Uganda, and Yemen.

The Academy, a joint programme of the Graduate Institute Geneva and the University of Geneva, has been classifying armed conflicts based on international legal criteria on a dedicated website for five years now.

The War Report for 2012, the first edition of what will become an annual publication, aims to make this important legal analysis more accessible for governments, policy makers, the United Nations, academics, NGOs, and journalists.

Read the full press release here.