![]() ![]() Since 1949, Common Article 2 to the four Geneva Conventions gives a definition of international armed conflict that triggers the application of humanitarian law. Besides, there is no international legal definition of armed conflicts as such. Nonetheless, the definition of aggression as a crime under international criminal law was adopted only in 2010. Since 1945, the United Nations prohibits the recourse to armed force in the relations between States, except in cases of self-defense or aggression. Guidance may exist qualifying the situation in certain countries, or parts of countries of origin, as an (international or internal) armed conflict.Armed conflicts are both a state of fact and a question of law. ![]() It is not necessary to carry out a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.įurthermore, in the context of Article 15(c) QD, differentiation between ‘international’ or ‘internal’ armed conflict is not necessary, as the provision is equally applicable in situations of international and internal armed conflict.Īn armed conflict can be taking place only in parts of the territory. ![]() confrontation between those armed groups.two or more armed groups - whether or not state armed forces are involved. ![]() To establish that an armed conflict is taking place within the meaning of Article 15(c) QD, the following two elements are sufficient: Therefore, in order to assess whether an (international or internal)‘armed conflict’ is taking place, it is not necessary to satisfy the criteria under international humanitarian law. As held by the Court of justice of the European Union (CJEU) in Diakité, the definition of ‘armed conflict’ under international humanitarian law does not apply in the context of Article 15(c) QD. ![]()
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