does common article 3 apply to non-international armed conflict

The objective of those criteria is also to recall that a non-state armed group that carries out military operations has obligations of organization, which include rules of conduct and respect for humanitarian law (IHL) in its own actions in combat.

Those criteria aim at distinguishing armed conflicts from situations of internal disturbances or tensions in which confrontations are not organized, structured or planned by one or several identifiable commands. In order to be considered as parties to the conflict, these entities have to fulfil some conditions, namely be i) under a responsible command, ii) exercise such control over a part of its territory as to iii) enable them to carry out sustained and concerted military operations and to implement this Protocol (Article 1.1).

Additional Protocol II to the 1949 Geneva Conventions (Additional Protocol II) defines non-state armed groups in its Article 1.1 as “ dissident armed forces or other organized armed groups ”, who fight regular armed forces or against each other on the territory of one or several States.

Does common article 3 apply to non-international armed conflict