A non-international armed conflict (NIAC) or "armed conflict not of an international character" involves one or more non-state actors, and at most one primary actor that is a state. The non-state actors can be sub-state actors, such as a region within a state. There can also be additional states, often called co-belligerents or co-parties, [1] in limited or supporting roles. An armed conflict, in turn, is an armed confrontation of sufficiently high intensity, duration, and organization to count as such. [2] [3] [4]
Minimum intensity. A single shot fired across a border would not count as an armed conflict; it would likely instead be called an incident or an armed confrontation. However, a week-long session of shots fired back and forth across a border would likely be considered an armed conflict. Other examples that would not be considered armed conflicts include "situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature". [5]
Gang violence. Gang violence is usually classified as criminal activity, rather than armed conflict, unless the degree of violence rises to a level similar to what is experienced in wars. [6]
Internal conflict. Non-international armed conflicts involving multiple groups within a single state against that state are often called rebellions or a civil wars.
Overlapping conflicts. In the presence of multiple overlapping conflicts, a NAIC can coexist in the same region and at the same time together with an international armed conflict (IAC) that involves different participants. [7]
In a 2011 report, the International Committee of the Red Cross specified seven types of NAICs. [8]
International Humanitarian Law (IHL) distinguishes between international and non-international armed conflicts. Though the terminology might be confusing, parts of International Humanitarian Law apply to non-international armed conflicts.
The Geneva Conventions focuses on IACs, but Common Article 3 of the Geneva Conventions [9] is titled "Conflicts not of an international character".
Additional Protocol I to the Conventions, written in 1977, focuses on IACs, but Article 1(2) states that cases not covered by it are protected by "principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.
Additional Protocol II, also written in 1977, extends Common Article 3. [5] [10]
Other sources of law covering NAICs include:
Philippe Jacques of the ICRC has proposed that the Principle of Equality for IACs (that IHL be applied equally to all parties to a conflict, regardless of the legality of their use of force under jus ad bellum ) be adapted so that it can be applied to NAICs. [11]