EMMANUEL P.

FERNANDEZ
ASYNCHRONOUS ACTIVITY IN IHL

1. Definition of armed conflict

An armed conflict based on the provisions of the Geneva Conventions, simply means a
conflict between two high contracting parties by the use of armed force, this may be
illustrated when both states have to recourse or pursue through an armed force against the
other state, regardless of the reason for the armed conflict or the intensity of the
confrontation.
2. Relevance of determining the nature of armed conflict.
In a study that was published by Michael G. Wessells entitled “The Changing Nature of Armed
Conflict and its Implications for Children”, he stated that the nature of Armed conflict has
evolved from mostly intrastate affairs ought with relatively low technology in and around
communities. A new pattern of armed conflict had emerged, taking increasingly heavy tolls on
communities and civilian populations. 
It is important to determine the nature of armed conflict since this will determine whether or
not the International Humanitarian Law applies. The failure to classify a state of affairs as an
‘armed conflict’ has grave legal and humanitarian consequences. This is because, international
humanitarian law has a close relationship with human rights law that aims to protect the rights
and dignity of civilians during peace and armed conflict with parties of the conflict having legally
binding obligations concerning the rights of persons not involved in the conflict
Also, as the application of IHL depends on the existence of an international or non-international
armed conflict, knowing when such situations exist is of key importance. Further, under the
provisions of the IHL with regard to armed conflicts, not all rules apply are applicable to both
types of conflict, it is essential to determine what actually constitutes each of the two types of
armed conflict.
3. Distinctions between IAC, NIAC, and internationalized armed conflict
Pursuant to the International Humanitarian Law, it establishes a distinction between non-
international armed conflicts in the meaning of common Article 3 of the Geneva Conventions of
1949 and non-international armed conflicts falling within the definition provided in Art. 1 of
Additional Protocol II.
Further, the types of Armed conflict may be distinguished in this manner;
a) As to structure and status of parties involved
In international armed conflicts, it occurs between two or more states while in a non-
international Armed Conflict Takes place between states and a non-governmental
armed groups or between such groups only.
 b) As to threshold of the intensity of violence
In international Armed Conflict, the level of violence required to trigger an
international armed conflict is significantly lower. The Non-International Armed Conflict
on the other hand, the level of violence required to trigger a non-international armed
conflict is significantly higher. Further in an NIAC, the criteria of the threshold of
violence and the degree of organization of the armed group distinguish situations of
non-international armed conflicts from situations of internal disturbances, riots,
terrorism, or high criminality that are not subject to international humanitarian law. If
the threshold or organization criteria are not fulfilled, the situation does not amount to
a non-international armed conflict
An internationalized armed conflicts as compared to Non-International and International armed
conflict, is not considered as a legal expression and as such it does not imply a third category
of armed Conflict.
Examples of Situations where international Armed Conflict is present include the situation in
Syria where they currently involved in multiple, parallel international armed conflicts (IACs)
against the so-called ‘Global Coalition’ (led by the United States), Turkey, and Israel. It is worth
recalling that Turkey is occupying parts of the northern territory of Syria, while Israel has been
occupying the Golan Heights since 1967.
4. Definition of IAC. Elements of IAC. Situations where IAC is present. 
An International Armed Conflict it is defined under common Article 3 of the Geneva
Convention as conflicts or cases of declared war or of any other armed conflict which may arise
between two or more of the High Contracting Parties, even if the state of war is not recognized
by one of them. Apart from regular, inter-state armed conflicts, Additional Protocol I extend the
definition of IAC to include armed conflicts in which peoples are fighting against colonial
domination, alien occupation or racist regimes in the exercise of their right to self-
determination (wars on national liberation).
There are two elements that must be present in the existence of an International Armed
Conflict, these are;
a) The legal status of the belligerent Parties.
Legal status refers to legal personality or the capacity to have rights and bear
responsibilities under a legal system

b) The nature of the confrontation between them.

since there is a general prohibition against the use of force between States, it is
generally presumed that any use of such military force which is governed by IHL is
attributable to deliberate belligerent intent. This is regardless of the factors leading to
the use of force or its degree of intensity. As held in one case that was decided by the
 International Criminal Tribunal, even minor instances of armed violence, such as an
individual border incident or capture of a single prisoner, may suffice to cross the
threshold for IHL to apply. In order to distinguish an armed conflict, in the meaning of
common Article 3, from less serious forms of violence, such as internal disturbances and
tensions, riots or acts of banditry, the situation must reach a certain threshold of
confrontation. The hostilities must reach a minimum level of intensity

5. Definition of NIAC. Elements of IAC. Situations where NIAC is present. 

Under article 1 of the Additional Protocol II, Non-International Armed Conflict is defined as
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

There are thus two core elements constituting a non-international armed conflict:

a) Protracted armed violence is taking place, meaning a certain intensity of the

armed violence
b) The actors taking part in it must exhibit a certain degree of organization.

These two criteria in a non-International armed conflict are considered to be closely related.
The existence of one of any of the criteria indicates that presence of the other. For example, if
there are intense armed confrontations between groups or between state forces and an armed
group, this may indicate that these groups have reached the required degree of organization. f
the criteria are not met by a situation, there is no armed conflict.
Examples of recent non-international armed conflicts include the hostilities that broke out in
northern Mali in early 2012 between armed groups and the Malian armed forces, and the
fighting in Syria between armed groups and Syrian government forces.

6. Definition of Internationalized armed conflict (explain when this is classified as NIAC or

IAC).
A second armed conflict recognized by international humanitarian law is a new phenomenon
known as an “internationalized” armed conflict. These are armed conflicts which is subject to
foreign intervention and are considered as a special form of armed conflict, sometimes, also
less accurately referred to as “internationalized” armed conflicts.
The situation of an internationalized armed conflict can occur when a war occurs between
two different factions fighting internally but supported by two different states. The armed
confrontations between the intervening State and the territorial State will automatically trigger
the applicability of IHL governing international armed conflicts. The confrontations between the
territorial State and the insurgency, on the other hand, will retain their non-international
character and continue to be governed by IHL applicable to non-international armed conflicts.
In terms of applicable law, this results in the coexistence of an international and a non-
international armed conflict, a situation that is sometimes also referred to as “double
classification.”
In an internationalized Armed Conflict, it merely describes situations of one of the
classifications of Armed conflict (non-international armed conflict) with a dimension that is said
to be international because of two reasons.
a) The hostilities must reach a minimum level of intensity. 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.

b) Non-governmental groups involved in the conflict must be considered as "parties to the

conflict", meaning that they possess organized armed forces. This means for example
that these forces have to be under a certain command structure and have the capacity
to sustain military operations.
The most visible example of an internationalized armed conflict was the conflict in the
Democratic Republic of Congo in 1998 when the forces from Rwanda, Angola, Zimbabwe and
Uganda intervened to support various groups in the DRC