According to the fragmented approach, the intensity of violence should be assessed separately for each armed group, but this may not reflect the reality on the ground, and it might be practically unfeasible. How can we determine whether these groups are party to a NIAC? After having identified the non-State actors that meet the organization requirement, the problem lies in analyzing whether the threshold of the intensity of violence is met. This is particularly true when the armed non-State actors (ANSAs) are opposing the same enemy and/or form coalitions.įor instance, let’s imagine a country in which several ANSAs are fighting against governmental forces, some as part of a coalition and others operating independently. Nevertheless, it may seem unfit to face situations when a considerable number of non-State actors are fighting against the government as well as against each other. The so-called ‘fragmented approach’ has the merit to look at the factual relationship between each party to the conflict. Below this threshold, a situation of armed violence should be considered as ‘internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature,’ namely instances when international humanitarian law (IHL) does not apply.Īccording to the majoritarian view, whether an armed conflict exists should be determined looking at the bilateral situation between the parties. It is well known that a non-international armed conflict exists ‘whenever there is … protracted armed violence between governmental authorities and organized armed groups or between such groups within a State.’ Specifically, the assessment is based on two criteria: the organization of the parties and the intensity of violence. ![]() These circumstances pose crucial challenges for the purposes of classification. ![]() The Democratic Republic of the Congo (DRC), the Sahel region, and Central African Republic (CAR) are just a few examples of situations where State forces engage in hostilities against a significant number of armed groups, sometimes organized horizontally or in sub-groups, that may fight against each other as well. ![]() ![]() In modern warfare, non-international armed conflicts, or NIACs, are increasingly characterized by the presence of a myriad of armed non-State actors, often fragmented, that operate independently or in fluid, fragile coalitions. A common enemy: aggregating intensity in non-international armed conflicts.
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