36 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. 37