According to IHL, two types of armed conflicts exist: international armed conflicts and noninternational armed conflicts. Given the evolving character of armed conflicts and related
prevailing situations, the ICRC has provided further guidance based on subsequent legal
opinions and research.
•
International armed conflicts (IAC) exist whenever there is resort to armed force
between two or more States. Examples may include hostile resort to armed force involving
two or more States; 7 occupation or when a territory is placed under the authority of an
hostile army;8 armed conflicts in which peoples are fighting against colonial domination, alien
occupation or racist regimes in the exercise of their right to self-determination (wars of
national liberation);9 intervention in a previously existing internal conflict without the
consent of the territorial State (for example to fight a non-state armed group, or to support
it against the territorial State).10 An IAC does not exist in cases in which use of force is the
result of an error (e.g. involuntary incursion into foreign territory, wrongly identifying the
target); and when the territorial State has given its consent to an intervention. 11
•
Non-international armed conflicts (NIAC) are protracted armed confrontations
occurring between governmental armed forces and the forces of one or more armed groups,
or between such groups arising on the territory of a State. The armed confrontation must
reach a minimum level of intensity and the parties involved in the conflict must show a
minimum of organisation.12 Examples may include protracted armed confrontations
occurring between governmental armed forces and one or more armed groups; and several
factions confronting each other without the involvement of the government’s armed forces.13
A NIAC does not exist in cases of internal disturbances and tensions, such as riots, isolated
and sporadic acts of violence and other acts of a similar nature.14
Identifying armed conflict
The situations of armed conflict to be included in the indicator annually will be identified
based on the assessments, as contained in publicly available reports and other relevant
documents, issued by the UN and other internationally mandated entities. These would
include the following: reports issued by the Secretary General; resolutions adopted by the UN
Security Council; resolutions adopted by the General Assembly; reports of UN-mandated
International Commissions on Inquiry and Fact-Finding Missions; reports by the Office of the
High Commissioner for Human Rights (OHCHR); resolutions adopted by the Human Rights
Council; reports by the Special Procedures of the Human Rights Council; reports issued by the
ICRC; and reports and other documents by international and other relevant criminal courts.
Using these sources, an annual list of situations of armed conflict to be considered for the
indicator will be generated by OHCHR. This list will be produced only for the compilation of
the indicator and will not imply any further legal determinations for other purposes, including
in relation to the question of applicability of international humanitarian law.
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