distance, see Sylvain Vite, Typology of armed conflicts in international humanitarian law: legal concepts and actual situations, p. 71. 11 Fleck, Dieter, ‘The Law of Non-international Armed Conflict’, in Dieter Fleck (ed.), The Handbook of International Humanitarian Law, 3rd edition, Oxford University Press, 2013, p. 608 12 ICRC, How is the Term ‘Armed Conflict’ Defined in International Humanitarian Law?, p. 5. The leading case for this understanding is ICTY, Tadić Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 1995, para. 70, and Trial Judgment, 1997, para. 562; See e.g. SCSL, Sesay Trial Judgment, 2009, para. 95, and ICC, Bemba Decision on the Confirmation of Charges, 2009, para. 231, and Trial Judgment, 2016, para. 128. For further examples of State practice confirming the definition, see e.g. Canada, Use of Force for CF Operations, 2008, para. 104.6; Colombia, Operational Law Manual, 2009, Chapter II; Netherlands, Military Manual, 2005, para. 1006; Peru, IHL Manual, 2004, Chapter 9, Glossary of Terms; and United Kingdom, Manual of the Law of Armed Conflict, 2004, p. 29. See also Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment, 2007, pp. 49–52; and Germany, Federal Prosecutor General at the Federal Court of Justice, Fuel Tankers case, Decision to Terminate Proceedings, 2010, p. 34. 13 Y. Sandoz/c. Swinarski/B.Zimmermann, Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, ICRC, Geneva, 1987, para. 4461 14 Article 1, Additional Protocol II; see also, Bothe, Michael, Partsch, Karl Josef and Solf, Waldemar A., New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, Martinus Nijhoff Publishers, The Hague, 1982, p. 719 15 To distinguish common homicides from killings directly related to the armed conflict, there is a need in practice to be able to establish a nexus to the armed conflict, demonstrating that the armed conflict plays “a substantial part in the individual’s ability to commit the crime, the decision to commit it, the manner in which it was committed or the purpose for which it was committed. Hence if it can be established, … that the perpetrator acted in furtherance of or under the guise of armed conflict, it would be sufficient to conclude that his acts were closely related to the armed conflict.” (IT-94-1), Appeals Chamber, 2 October 1995, x70.20 Judgement, Kunarac (IT-96-23 & IT-96-23/1-A), Appeal Chamber, 12 June 2002, paras. 58. See also Rome Statute, Elements of Crimes, article 8. 16 See UNODC, ICCS Briefing Note: Unlawful killings in conflict situations, available at https://www.unodc.org/documents/data-andanalysis/statistics/crime/ICCS/Unlawful_killings_conflict_situations_ICCS.pdf 17 The casualty recording organisations referred to here are organizations whose methodology has been reviewed by OHCHR. 18 For instance, statisticians of the Human Rights Data Analysis Group have been conducting statistical analysis based on available data of documented deaths and generating estimates of all fatalities (both documented and undocumented) in several (essentially post-conflict) countries. 19 While necessary for a true account of all the conflict-related deaths, this is a particularly data intensive exercise and difficult to carry out during protracted armed conflicts. For more information on excess mortality, see http://www.genevadeclaration.org/fileadmin/docs/GBAV/GBAV08-CH2.pdf). 20 For more information, see UNAMA and OHCHR, “Afghanistan: Protection of Civilians in Armed Conflict, Annual Report 2016” 21 Sub-categories are: Battle tanks; Armoured combat vehicles; Large calibre artillery systems; Combat aircraft; Attack helicopters; Warships; Missiles; Unknown 22 Sub-categories are: IED – other; IED – VOIED; ERW – excluding cluster munitions; ERW – cluster munitions; Mine; Unknown 23 Sub-categories are: Small arms; Light weapons; Unknown 24 Sub-categories are: Chemical; Biological; Radiological; Nuclear; Unknown 25 Sub-categories are: Riot control agents; Kinetic projectiles; Handheld melee weapons; Unknown 26 Sub-categories are: Food; Water; Medicine/medical care; Shelter; Unknown 27 Sub-categories are: Use of objects; Bodily force; Sexual violence; Unknown 28 These are all persons killed who are not included in the category of other protected person, the category of member of armed forces and the category of person directly participating in hostilities. 29 This category includes amongst others medical and religious personnel serving in State armed forces and exclusively assigned to medical and religious duties respectively, and persons hors de combat. For further information, see, https://ihl-databases.icrc.org/customary-ihl/eng/docs/ , chapters 7 & 15 30 All members of the armed forces of a party to the conflict are combatants, except medical and religious personnel. For additional information see, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule3 31 With the exclusion of those who are members of armed forces, who are included in the previous category. 11