So, What are the Principles of a Non-International Armed Conflict?

Upon what basis does a threshold for non-international armed conflict exist?

Since World War II, most of today's wars are classified as non-international, more frequently referenced to as civil wars or internal conflicts. Non-international armed conflicts (NIACs) most typically occur between government forces of a state and organised armed groups. However, such conflicts could also exist between two or more organised armed groups within a given state.

It is important to note that the treaty laws applicable to NIACs are much more limited than those applicable to IACs (international armed conflicts). Namely, the two core treaty laws of NIACs are Common article 3 of the 1949 Geneva Conventions, and the1997 Additional Protocol II. These are rather rudimentary in comparison to the extensive legislation relevant to that of IACs. The aforementioned two treaty bodies are supplemented further by select laws of Customary International Law.

Common Article 3 - Geneva Conventions

Before these 1949 legislations, there were no specific treaty laws in place for NIACs. Common Article 3 ensures a minimum level of protection to civilians - people not taking active measures in hostilities. It also identifies certain prohibitions relating to murder, the taking of hostages, humiliating and degrading treatment etc.

The International Court of Justice affirmed that Common Article 3 embodies elementary considerations of humanity, indicating that these laws are aimed to make the circumstances of war more humane.

Additional Protocol II

After the devastations of the Vietnam War, the international community wished for a more detailed treaty and set of legislations for NIACs, which led to the signing of the 1977 Additional Protocol II. This treaty body develops and supports the legislations of Common Article 3, whilst guaranteeing fundamental protection of detainees, the wounded and sick, medical personnel, and civilians.

Common Article 3 refers to any NIAC - including protracted armed violence between non-state actors - obviously occurring on the territory of one of the high contracting parties (countries whom have signed the treaty).

However, Additional Protocol II always requires a government force to be involved in the conflict. The organised armed group must also have territorial control in order for the NIAC to be protected under Additional Protocol II. The treaty body does not apply to civil wars fought exclusively between rebel groups, which was implemented in hopes of attracting more states to sign the treaty.

Both of the referenced treaties regulate civil wars, however Additional Protocol II only applies to those with higher thresholds of violence.

Criteria That Trigger Application of Treaty Law

In order for Common Article 3 to be brought into effect:

(1) the non-state actors must have a minimum level of organisation, which is necessary to guarantee rebel groups' compliance with IHL legislation.

(For example, the existence of a command structure of disciplinary rules, a headquarters for the group, territorial control, training provisions, weaponry access and capacity to recruit members.)

(2) violence must have a minimum level of intensity.

(The intensity of violence can be constituted by the number of combatants, number of casualties, extent of destruction etc.)

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IHL applies for NIACs until the internal armed conflict comes to an end - the conflict end can be marked by the achievement of a peaceful settlement.