Can the conflict be classified as Non‐international Armed Conflict? Hostilities between one or several states, on the one side, and a transnational armed group, on the other (such as the ‘war on terror’ against Al Qaeda), that do not qualify under the above‐mentioned criteria as international armed conflicts, may be non‐international armed conflicts covered by Article 3 common to the four Conventions and by Protocol II. This presupposes, firstly, that the hostilities meet the minimum threshold for a non‐international armed conflict, and, secondly, that every armed conflict not classified as international is perforce a non‐international armed conflict, even if it is neither internal nor limited to the territory of one single state. Both conditions are subject to controversy.
Posted on: Fri, 05 Jul 2013 13:09:33 +0000
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