Internal armed conflicts or civil wars were then exclusively governed by domestic law (But see Emmer Vattel 1758, Jus ad Bellum consisted exclusively of the right to use force between States, and Jus in Bello was only a law for combatants on behalf of States. States were, if not the the only subjects of international law, by far the most important. Until the Geneva Conventions (GC) of 1949, War and Peace, and then conflicts, were considered exclusively a matter for States. Why do we pay special attention to this matter? The characterization of the situation as that of a NIAC is extremely important as it governs the applicable law and may open operational/legal venues for legitimizing offensive lethal action and administrative detention, without prejudice to the implementation of Human Righs Law and domestic constitutional and criminal Law. We’ll go through some general and historical perspective about conflicts, We’ll then enter into what can be said about NIACs and how to define them: we’ll go trough their typology, which is an evolving and debated one and we’ll conclude with definitions provided by treaty and case law. With this brief, we’ll cover the definition of NIAC and try to determine what is the range and scope of application of this concept. Please help us improve the service by using our feedback form.What constitutes a Non International Armed Conflict (NIAC) ? The CLD is a living tool and its content is being regularly updated. For exact numbering of footnotes, refer to full documents. Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. In addition, refined searches in all fields of the database can be conducted through the “ Advanced Search” feature. Users can conduct quick searches by notions, cases names, titles of filings, date (in year-month-day format), statutes, rules, and other instruments through the “ Basic Search” page. It provides direct access to extracts of key judgements and decisions rendered by the ICTR, ICTY, and IRMCT Appeals Chambers since their inception, as well as to full-text versions of the corresponding appeal judgements and decisions. The Case Law Database (“CLD”) is a gateway to the jurisprudence of the ICTR, ICTY, and IRMCT Appeals Chambers.
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