![]() ![]() International humanitarian law “extends beyond the cessation of hostilities until…a peaceful settlement is achieved” (ICTY, 1995: para. The termination of NIAC is also based on objective criteria and not the declaration of a ceasefire, armistice, or peace agreement. The intensity of violence is assessed on a case-by-case basis based on cumulative evidence relating to objective criteria, and the International Criminal Tribunal for the former Yugoslavia (ICTY) developed a non-exhaustive set of ‘indicative factors’ that can be used as examples to determine ‘the seriousness of attacks’ (ICTY, 2008). “Banditry, unorganized and short-lived insurrections, or terrorist activities” (ICRC, 2016).“Internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature” (UN, no date Article 1 of Additional Protocol II).Armed violence must meet a minimum threshold of intensity that distinguishes it from situations not considered NIAC, including the following: ![]() While NIAC occurs predominantly within a State, NIAC may feature extraterritorial aspects (ICRC, 2016) and/or become internationalised with the involvement of foreign States in support of one or more Parties (ICRC, 2016). Confrontations must occur between organised Parties possessing organised armed forces (ICRC, 2016). ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |