it deals with laws applicable to non international armed conflict

2. Taxonomy of Armed conflicts:
 IAC
 NIAC
 IAC:
 State vs State
 Occupation
 National Liberation war

3.  NIAC:
 States Vs Armed group/s
 Armed group/s vs armed group/s

4. International Armed
Conflicts, Occupations,
National Liberation wars
Non-International Armed
Conflicts
Internal disturbances, riots, sporadic
events..etc., not amounting to Armed
Conflicts
Peace

5. NIAC:
 Threshold requirement:
 By reference to the intensity of the violence and
the organisation of the armed group.
 So internal armed conflicts:
 Those which meet the threshold(IHL apply)
 Those which do not(HRL, domestic laws apply)

6.  Qualification of Conflicts between state and
armed group:
 Any difficulty?
 Based on the good will of governments?

7.  Motives/purpose of armed groups is irrelevant
 ICTY:
 the determination of the existence of NIAC is
based solely on:
 The intensity of conflict
 and organization of parties

8. Global war on terrorism:
 An armed conflict (NIAC)( US position)
 ICRC position:
 Case by case approach,
 And IHL applies only if violence involved reaches
the level of armed conflict

9. End of an armed conflict:
 Terminative processes:
 End of active hostility
 Transformative/metamorphic processes:
 Internationalization: from NIAC to IAC
 Internalization: From IAC to NIAC

10.  From IAC to NIAC: Libya, Iraq, Afghanistan
 Foreign intervention toppling governments
 And the newly formed government fighting the
former government

11. Possible scenarios under NIAC:
 Government vs armed group with in
territory of a single state
 Between armed groups with in a territory
of single state
 Armed group vs state and the conflict
spilling over into the territory of another
state

12.  NIAC:
 MNFs with a government of a host state against an
armed groups in the territory of the latter
 UN/AU forces sent to stabilize a host state by
fighting against armed groups in the host country.

13. NIAC:
When a state engages an armed
group that originate from the
territory of another state without
the latter’s control or support
The seventh is when NIAC is waged
across territories by non-state
armed group/transnational

14. Rules applicable to NIAC:
 Common art.3
 Additional Protocol II
 Hague Rules
 Customary Rules
 Marten’s Clause
 General Principles of IHL
 Analogous Application of rules of IAC

15. Protections under NIAC:
 Non-discrimination
 Humane treatment
 Judicial guarantees

16.  Protection against torture, and humiliating
treatment
 Those who have laid down their arms
 Those placed horse de combat by sickness,
wound, detention
 Those not taking direct part in hostilities

17.  Prohibition of pillage, slavery, taking hostage,
displacement
 Prohibition of recruitment of children
 Civilian population shall be protected
 Protection of medical personnel
 Protection of cultural objects

18.  Protection of works and installations containing
dangerous forces
 Protection of cultural objects
 Protection of relief societies

19. Differences and similarities
between IAC and NIAC
Under NIAC:
 No combatant status
 No POW status

20. Similarities:
 Protection of hors de combat
 Protection of civilians
 Protection of civilian objects
 Rules on conduct of hostilities
 Principles of IHL

21.  Protection of those not taking direct part in
hostilities
 Judicial guarantees
 Principles of non-discrimination
 Prohibition of torture, inhumane and degrading
treatment
 Prohibition of pillage, displacement

22.  ICC Rome Statute
 Genocide
 War crime
 Crime against humanity

23. A steady convergence
between rules of IAC and
NIAC in the making?