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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
2. Non-international armed conflict
International humanitarian law contains two different legal frameworks
dealing with non-international armed conflicts. On the one hand, article 3
common to the Geneva Conventions stipulates that “in the case of armed
conflict not of an international character” a series of minimum provisions
of international humanitarian law shall apply.37 The Conventions do
not define what “non-international armed conflict” means, but it is now
commonly accepted that it refers to armed confrontations between the
armed forces of a State and non-governmental armed groups or between
non-State armed groups.38 Protocol II to the Geneva Conventions
provides that the Protocol applies to 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
and to implement this Protocol” (art. 1).
The International Criminal Tribunal for the former Yugoslavia’s Appeals
Chamber has indicated that an armed conflict exists whenever there
is protracted armed violence between governmental authorities and
organized armed groups or between such groups within a State. It has
According to common article 3, these minimum guarantees are:
“(1) Persons taking no active part in the hostilities, including members of armed
forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the
following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d)
the passing of sentences and the carrying out of executions without previous
judgement pronounced by a regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.”
38
See ICRC, “How is the term ‘armed conflict’ defined in international humanitarian
law?”, Opinion Paper, March 2008.
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