The assessment whether a situation amounts to a non-international armed conflict is based on the factual situation, not on the characterization given by states involved or by the international community. Not every situation of armed violence within a state amounts to a non-international armed conflict: when a situation of violence is merely a situation of internal strife or civil disturbance, such a situation does not reach the threshold of ‘non-international armed conflict’ and international humanitarian law does not apply. They have been rendered unconscious or are otherwise incapacitated by wounds or sickness, and therefore are incapable of defending themselves provided in any of these cases they abstain from any hostile act and do not attempt to escape.Classification » Non-international armed conflict They clearly express an intention to surrender orĬ. They are in the power of an adverse Party ī. While Common Article 3 offers no definition of the term hors de combat, its definition is provided for in Article 41 of Additional Protocol I of the Geneva Conventions (Additional Protocol 1)1, which lays out that a person is hors de combat if:Ī. Amongst other acts, violence to life and person, mutilation, cruel treatment and torture, and murder are specifically prohibited. Article 3 common to the three Geneva Conventions (Common Article 3)- applicable both to state and non-state actors, lays out that in non-international armed conflicts fighters who have laid down their arms and those placed “hors de combat” are to be treated humanely in all circumstances without distinction.
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