In armed conflict, a state must stand on one side and fight an armed group. For Additional Protocol II to apply, certain requirements must be met.

Common Article 3 and customary international law would regulate both scenarios. This may be the case, for example, when a state is fighting an armed group or when two non-state armed groups are fighting each other. So, if a non-governmental armed group is part of the armed conflict, it is classified as a NIAC. What are Non-International Armed Conflicts (NIAC)?Īrticle 3, which is common to the four Geneva Conventions, negatively defines a NIAC as “an armed conflict that is not of an international nature”. Other principles of IHL include the obligation to take precautions to protect the civilian population before and during an attack, inflicting prohibition, unnecessary suffering or unnecessary injury, and the prohibition of indiscriminate attacks. The parties to an armed conflict must at all times differentiate between civilians and combatants and between civilian and military objects.Īdditionally, an attack cannot be launched if it is expected to occasionally kill civilians, injure civilians, or damage civilian objects that would be excessively high relative to the expected direct military advantage. The balance between humanity and military necessity is shown in the basic rules of IHL for distinction and proportionality. Military necessity is the justification for the measures necessary to achieve a military objective, provided that these measures comply with international humanitarian law. Humanity as the cornerstone of IHL is the commandment during the conflict to alleviate suffering and save lives, and to treat each individual with humanity and respect.

In essence, IHL represents a balance between military necessity and humanitarian considerations in the context of conflict. Once there is an armed conflict, IHL applies to all parties, regardless of whether one of the parties had a legal right to use violence in accordance with the principles of ‘jus ad Bellum’. It regulates the conditions under which violence can be used, in self-defense, and in accordance with the approval of the UN Security Council. This framework is known as jus ad Bellum and is enshrined in the Charter of the United Nations. It is different from the law that regulates the use of the armed forces and is applied independently. IHL regulates activities in armed conflict and situations of occupation.

Baited ambush law of armed conflict