Classifying Non-International Armed Conflicts

What is it about?

This article is a contribution to the discussion of the identification of Additional Protocol II-type non-international armed conflicts (NIACs). It seeks specifically to promote a better understanding of the territorial requirement inherent in article 1(1) of Additional Protocol II. The territorial requirement is important as the majority of contemporary non-international armed conflicts, especially on the African continent, involve complex conflicts. Complex conflicts range from multiple conflicts within the borders of a single state to conflicts that spill over into the territory of neighbouring states or become internationalised. International and non-international armed conflicts often are a concurrent plague in a single territory. The use of terms such as ‘transnational armed conflict’, ‘cross-border non-international armed conflicts’, ‘hybrid warfare’ and ‘spill-over non-international armed conflicts’ further demonstrates the multi-faceted nature of contemporary armed conflicts. Conflict classification remains the seminal starting point in determining the applicable legal framework. Owing to the complex landscape of armed conflict the classification frequently poses a challenge.

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