AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
![]() International humanitarian law “extends beyond the cessation of hostilities until…a peaceful settlement is achieved” (ICTY, 1995: para. The termination of NIAC is also based on objective criteria and not the declaration of a ceasefire, armistice, or peace agreement. The intensity of violence is assessed on a case-by-case basis based on cumulative evidence relating to objective criteria, and the International Criminal Tribunal for the former Yugoslavia (ICTY) developed a non-exhaustive set of ‘indicative factors’ that can be used as examples to determine ‘the seriousness of attacks’ (ICTY, 2008). “Banditry, unorganized and short-lived insurrections, or terrorist activities” (ICRC, 2016).“Internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature” (UN, no date Article 1 of Additional Protocol II).Armed violence must meet a minimum threshold of intensity that distinguishes it from situations not considered NIAC, including the following: While NIAC occurs predominantly within a State, NIAC may feature extraterritorial aspects (ICRC, 2016) and/or become internationalised with the involvement of foreign States in support of one or more Parties (ICRC, 2016). Confrontations must occur between organised Parties possessing organised armed forces (ICRC, 2016). Armed conflicts which do not include a State Party but are between two or more organised non-State Parties (UNGA, 1998).Armed conflicts between a State Party and one or more organised non-State Parties (ICRC, 2016).Additional DescriptionĪrticle 3 of the Geneva Conventions provides for “the case of armed conflict not of an international character,” and the definition of Non-International Armed Conflict (NIAC) offered herein reflects the International Committee of the Red Cross (ICRC)’s understanding based on practice and international case-law (ICRC, 2016). The armed confrontation must reach a minimum level of intensity, and the parties involved in the conflict must show a minimum of organisation (ICRC, 2008). Non-international armed conflict is defined as protracted armed confrontations occurring between governmental armed forces and the forces of one or more armed groups, or between such groups arising on the territory of a State. ![]()
0 Comments
Read More
Leave a Reply. |