The actors taking part in it must exhibit a certain degree of organization.Ī variety of other actors have since adopted the same two criteria. Protracted armed violence is taking place, meaning a certain intensity of the armed violence There are thus two core elements constituting a non-international armed conflict: The International Criminal Tribunal for the Former Yugoslavia stated that a non-international armed conflict exists when there is ‘protracted armed violence between government authorities and organized armed groups or between such groups within a State.’ ICTY, The Prosecutor v Dusko Tadić, Appeals Chamber, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, IT-94-1-AR72, 2 October 1995, §70 ICTY, The Prosecutor v Dusko Tadić, Trial Chamber, Judgment, IT-94-1-T,, §562.
The latter can only serve as an indicative factor to be considered.Ĭommon Article 3 to the Geneva Conventions refers to a ‘conflict not of an international character’, but does not provide a definition. The assessment whether a situation amounts to a non-international armed conflict is based on the factual situation, not on the characterization given by states involved or by the international community. Not every situation of armed violence within a state amounts to a non-international armed conflict: when a situation of violence is merely a situation of internal strife or civil disturbance, such a situation does not reach the threshold of ‘non-international armed conflict’ and international humanitarian law does not apply. Classification » Non-international armed conflict
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