The first part of this contribution reviews the historical steps that have led to a situation where today, there does exist a developed body of international law that governs non-international armed conflict. In many respects, it is similar to the law on international armed conflict. The second part then turns to difficulties linked with the scope of application of IHL that some of these recent developments (the increase substance of IHL applicable to non-international armed conflict, the role played by International human rights law, the conflation between bodies of law) have given rise to.