article 8(2)(b)(iv) of the rome statute non international armed conflict

Contrary to common Article 3, the Protocol does not apply to armed conflicts occurring only between non-State armed groups. Additional Protocol II expressly applies only to armed conflicts between State armed forces and dissident armed forces or other organised armed groups. It provides that non-governmental parties must exercise such territorial control 'as to enable them to carry out sustained and concerted military operations and to implement this Protocol'. This means for example that these forces have to be under a certain command structure and have the capacity to sustain military operations.Īdditional Protocol II to the Geneva Convention of 12 August 1949 develops and supplements common Article 3 without modifying its existing conditions of application, by introducing a requirement of territorial control. Non-governmental groups involved in the conflict must be considered as 'parties to the conflict', meaning that they possess organized armed forces. This may be the case, for example, when the hostilities are of a collective character or when the government is obliged to use military force against the insurgents, instead of mere police forces. The hostilities must reach a minimum level of intensity. Indeed, any armed conflict between governmental armed forces and armed groups or between such groups cannot but take place on the territory of one of the Parties to the Convention.įurthermore, two requirements are necessary for such situations to be classified as non international armed conflicts: As the four Geneva Conventions have universally been ratified now, the requirement that the armed conflict must occur 'in the territory of one of the High Contracting Parties' has lost its importance in practice.

Depending on the situation, hostilities may occur between governmental armed forces and non-State armed groups or between such groups only. Under Article 3 common to the Geneva Conventions of 12 August 1949, non-international armed conflicts are armed conflicts in which one or more non-State armed groups are involved.

Article 8(2)(b)(iv) of the rome statute non international armed conflict