The Law of Non-International Armed Conflict

1. The Law of Non-International Armed Conflict

2. Recall: The Law of Armed Conflict Those international treaties, conventions, rules, regulations and customary international law that govern the conduct of hostilities during an armed conflict.

3. Recall: Types of Armed Conflict • International Armed Conflict • Applicable Treaty Law • Geneva Conventions • Additional Protocol 1 • All other LOAC Treaties • Customary International Law • Non-international Armed Conflict • Applicable Treaty Law • Additional Protocol II • Common Article 3 • Customary International Law

4. Customary Law in NIAC • NIAC has very few conventional rules (CA 3, AP2 and several other specific treaties) • Customary Law plays a significant role in NIAC

5. ICRC Customary Law Study • 161 Basic rules of customary IHL • Pt 1: Rules of Distinction • Pt 2: Specifically Protected Persons and Objects • Pt 3: Methods of Warfare • Pt 4: Weapons • Pt 5: Treatment of Civilians and Hors de Combat • Pt 6: Implementation

6. Non-international Armed Conflict • A conflict that takes place in the territory of a state between its armed forces and dissident armed forces or organized armed groups… • Often referred to as “civil war”

7. NIAC Definition (AP 2 Signatories) • All armed conflicts which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations.

8. Definition (Non AP2) • Armed confrontations occurring within the territory of a single State and in which the armed forces of no other State are engaged against the central government.

9. Threshold • Internal disturbances and tensions (such as riots, isolated and sporadic acts of violence, or other acts of a similar nature) do not amount to a non-international armed conflict.

10. Status of Persons in NIAC • There are no Combatants in NIAC • “fighters” are members of armed forces and dissident armed forces or other organized armed groups, or taking an active (direct) part in hostilities. • Civilians • all persons who are not fighters. • civilians who actively (directly) participate in hostilities are treated as “fighters”.

11. Methods and Means • The basic rules on the conduct of hostilities, on the use of means and methods of warfare are fully applicable in non-international armed conflicts.

12. Protections for Civilians • Protections for civilians are the same in NIAC and IAC • Distinction • Proportionality • Precautions in the Attack • Protection from the effects of hostilities • Protection of objects indispensible to survival • Prohibition on Forced re-location • Protection of humanitarian relief Not found in AP 2

13. Civilians • The civilian population, as well as individual civilians, shall not be the object of attack. • Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. • Civilians shall enjoy these protections, unless and for such time as they take a direct part in hostilities

14. Treatment of Civilians • All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. • They shall in all circumstances be treated humanely, without any adverse distinction.

15. Captured Persons • There are no PW in NIAC • PW only exist in CA 2 conflicts and are protected by provisions of GC3 and AP1. • Not all provisions from GC3 apply during NIAC • No combatant immunity • Provisions relating to Humane treatment always apply

16. QUESTIONS?