armed conflict armed conflict definition

Armed Conflict: Definition and Types

The concept of an armed conflict is a complex one, with varying degrees of intensity, organization, and duration. In international humanitarian law, there are three types of conflicts recognized: international armed conflict, internationalized armed conflict, and non-international armed conflict. However, in the context of Article 15(c) QD, differentiation between these types is not necessary.

An armed conflict can take place in any part of a country or territory, involving two or more armed groups, whether or not state armed forces are involved. The confrontation may be between government forces and non-state armed groups, or between different non-state armed groups. In order to establish that an armed conflict is taking place within the meaning of Article 15(c) QD, only two elements are necessary: the existence of a situation of violence involving individuals or groups, and a level of organization sufficient to enable the parties to carry out sustained military operations.

It's important to note that international humanitarian law does not apply in the context of Article 15(c) QD. Therefore, it is not necessary to assess the intensity of the armed confrontations, the level of organization of the armed forces involved, or the duration of the conflict in order to determine whether an armed conflict is taking place.

In conclusion, the definition of an armed conflict is broader than that of international humanitarian law. An armed conflict can take place in any part of a country or territory, involving two or more armed groups, regardless of their level of organization or the intensity of the violence. The key elements necessary to establish an armed conflict are the existence of a situation of violence and a level of organization sufficient for sustained military operations.

Armed conflict armed conflict definition