How Humanitarian and Human Rights Law Shape Conflicts Within States
How Humanitarian and Human Rights Law Shape Conflicts Within States

Summary/Abstract: This paper explores the legal status of non-international armed conflicts (NIACs) under international humanitarian law (IHL) and international human rights law (IHRL). It examines treaty and customary law provisions governing NIACs, focussing on the threshold of violence that distinguishes these conflicts from internal disturbances and the involvement of non-state actors. Identifying the applicable legal framework is crucial for ensuring compliance with international law, but determining when a situation escalates to an armed conflict is challenging due to the lack of a precise legal definition. The article delves into key issues such as protecting civilians and their rights in NIACs, emphasising the complexities these situations present. By addressing these challenges, the study advocates for greater accountability among parties to these conflicts. It underscores the urgent need for clearer guidelines and consistent implementation to uphold legal norms and safeguard human rights during internal armed conflicts.Using a doctrinal approach, the research analyses legal texts, treaties, and case law to clarify the boundaries and intersections between IHL and IHRL. It also reviews state practices and judicial decisions to better understand how these bodies of law interact and the factors that influence the classification of a situation as an armed conflict. The article aims to enhance legal clarity and promote uniform application in addressing the unique challenges of NIACs.

• Details
• Contents