Applicability Test of Additional Protocol II and Common Article 3 for Crimes in Internal Armed Conflict
in D. Jinks, J. Maogoto and S. Solomon (eds), Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies, TMC Asser Press (2014)
Posted: 25 Oct 2016
Date Written: 2014
Abstract
International humanitarian law is based on the premise that armed conflicts can be categorised as either international or non-international. Moreover international humanitarian law provides for two types of non-international armed conflicts, those falling within the purview of Common Article 3 of the Geneva Conventions and those fulfilling the more stringent requirements set out in Article 1 of Additional Protocol II. This chapter examines the impact of the jurisprudence of the ad hoc international criminal tribunals and the International Criminal Court on the classification of non-international armed conflicts.
Keywords: international humanitarian law; threshold of applicability; non-international armed confllict
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