SCOPE OF THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW (IHL) IN SITUATIONS OF NON-INTERNATIONAL ARMED CONFLICTS: EXTENDED APPLICABILITY OF COMMON ARTICLE.3

Abstract

The applicability of International Humanitarian Law (IHL) in non-international conflicts is a complex phenomenon due to the undefined and unannounced nature of non-international armed conflicts. International Humanitarian Law extends its applicability to the armed conflicts of non-international nature between state and non-state armed groups or between non-state armed groups. Common article.3 to the Geneva Conventions of 1949, and 1977 Additional Protocol II to the Geneva Conventions, provide criteria for the applicability of IHL However, the states are often seen reluctant to accept international legal oversight into their internal matters and this phenomenon of violence often need to be identified and defined. This paper investigates the scope of the application of International Humanitarian Law in situations of non-international armed conflicts, mainly focussing on the extended applicability of common article.3 to the Geneva Conventions 1949, in situation of non-international armed conflicts. Various types and nature of armed conflicts, the applicability of International Humanitarian Law to non-international conflicts are discussed with special reference to the scope and applicability of Common Article.3 to the Geneva Conventions of 1949. Moreover, the binding force and territorial scope of common article.3 are discussed in a broader context as to assess the applicability of International Humanitarian Law on the changing nature of the non-international armed conflicts.