Understanding Non-International Armed Conflicts: International Humanitarian Law Explained

Table of Contents

1. Introduction
2. Non-International Armed Conflicts
3. The Distinction Between Non-International and International Armed Conflicts
4. The Treaty Laws Applicable to Non-International Armed Conflicts
5. Common Article 3 of the Geneva Conventions
6. The Rights and Duties in Common Article 3
7. Additional Protocol 2 and its Scope of Application
8. Criteria for the Existence of a Non-International Armed Conflict
9. The Protracted Armed Violence Criterion
10. The Organization Criterion
11. The Intensity of Violence Criterion
12. When Does International Humanitarian Law Apply in a Non-International Armed Conflict?
13. Conclusion

Introduction

In this article, we will explore the topic of non-international armed conflicts, also known as civil wars or internal conflicts. We will discuss the distinction between non-international and international armed conflicts, the applicable treaty laws, the rights and duties outlined in Common Article 3 of the Geneva Conventions, the scope of application of Additional Protocol 2, and the criteria for the existence of a non-international armed conflict. Additionally, we will examine when international humanitarian law applies in a non-international armed conflict.

Non-International Armed Conflicts

Non-international armed conflicts, often referred to as civil wars or internal conflicts, are conflicts that occur within the territory of a state. These conflicts involve the government forces of a sovereign state and organized armed groups. In certain cases, non-international armed conflicts can also exist between two or more organized armed groups without the involvement of a state. The distinction between non-international and international armed conflicts is important because the treaty laws applicable to non-international armed conflicts are much more limited than those applicable to international armed conflicts.

The Distinction Between Non-International and International Armed Conflicts

The distinction between non-international and international armed conflicts is significant due to the differences in the applicable treaty laws. Non-international armed conflicts are governed mainly by Common Article 3 of the 1949 Geneva Conventions and the 1977 Additional Protocol 2. These documents provide a minimum level of protection to civilians and others who are not taking an active part in hostilities. On the other hand, international armed conflicts are subject to more extensive regulations.

The Treaty Laws Applicable to Non-International Armed Conflicts

The behavior of the parties involved in a non-international armed conflict is primarily regulated by the rules outlined in Common Article 3 and Additional Protocol 2. While these treaty frameworks are limited, they are supplemented by rules of customary international law. The International Criminal Tribunal for the Former Yugoslavia has confirmed that the rules applicable to non-international armed conflicts are almost identical to those applicable in international armed conflicts.

Common Article 3 of the Geneva Conventions

Common Article 3 is the central norm for non-international armed conflicts. Its inclusion in the Geneva Conventions after World War II was a significant achievement, as there was previously no specific treaty law dealing with internal armed conflicts. Common Article 3 ensures a minimum level of protection for civilians and other individuals who are not or are no longer actively participating in hostilities. It prohibits murder, the taking of hostages, and humiliating and degrading treatment.

The Rights and Duties in Common Article 3

Common Article 3 in the Geneva Conventions contains a series of rights and duties that provide a minimum level of protection in non-international armed conflicts. These rights and duties include the protection of civilians and individuals who are not taking an active part in hostilities. The International Court of Justice has stated that Common Article 3 embodies elementary considerations of humanity, aiming to make situations of war more humane.

Additional Protocol 2 and its Scope of Application

Additional Protocol 2, signed in 1977, further develops and supplements the provisions of Common Article 3. It guarantees fundamental protection for certain persons, such as detainees, the wounded and sick, medical personnel, and civilians. However, Additional Protocol 2 has a more limited scope of application than Common Article 3. It only applies to armed conflicts that occur on the territory of one of the high contracting parties and involve government forces.

Criteria for the Existence of a Non-International Armed Conflict

To determine the existence of a non-international armed conflict, two criteria must be met. Firstly, non-state actors involved in the conflict must have a minimum level of organization comparable to regular armed forces. Secondly, the violence in the conflict must reach a certain minimum level of intensity. These criteria ensure that international humanitarian law applies only to conflicts that meet the necessary conditions.

The Protracted Armed Violence Criterion

One criterion for the existence of a non-international armed conflict is the protracted armed violence between governmental authorities and organized armed groups or between such groups within a state. The term "protracted" refers to the duration and intensity of armed confrontations, the type of weapons used, the number of persons involved, casualties, and material destruction.

The Organization Criterion

The organization criterion assesses the structure and characteristics of an armed group involved in a non-international armed conflict. Indicative factors include the existence of a command structure, disciplinary rules, a headquarters, territorial control, access to weapons and military equipment, recruitment capacity, and the ability to provide training.

The Intensity of Violence Criterion

The intensity of violence criterion considers the level of violence in a non-international armed conflict. Factors such as the number, duration, and intensity of individual confrontations, the type of weapons used, the number of persons participating in the fighting, casualties, and material destruction are taken into account when assessing the intensity of violence.

When Does International Humanitarian Law Apply in a Non-International Armed Conflict?

The rules of international humanitarian law continue to apply until the internal armed conflict comes to an end. This applies to both non-international armed conflicts regulated by Common Article 3 and those falling under Additional Protocol 2. The end of a conflict may be marked by the achievement of a peaceful settlement between the warring parties.

Conclusion

In conclusion, non-international armed conflicts, also known as civil wars or internal conflicts, involve conflicts between government forces and organized armed groups within the territory of a state. The distinction between non-international and international armed conflicts is important as the treaty laws applicable to non-international armed conflicts are more limited. Common Article 3 of the Geneva Conventions provides a minimum level of protection, while Additional Protocol 2 further develops and supplements these provisions. The existence of a non-international armed conflict depends on criteria such as protracted armed violence, organization, and the intensity of violence. International humanitarian law applies until the conflict comes to an end.