International and non-international armed conflicts
Armed conflicts and the law
Cambridge [etc.] : Intersentia, 2016
Even though the gap in protection between international and non-international armed conflicts has been reduced, total uniformisation has not taken place. States fear that extending international humanitarian law (IHL) applicable to non-international armed conflicts would give international legal status to rebel movements and undermine their sovereignty. The difference between international and non-international armed conflicts therefore remains crucial in order to determine the applicable legal framework. This chapter first focuses on the concept of "armed conflict" and sets out the classical examples of the two types of armed conflict, international and non-international. It then offers an analysis of armed conflicts whose classification as international or non-international is not always directly clear, such as armed conflicts between armed groups and colonial or racist regimes, internal armed conflicts with foreign intervention, transnational armed conflicts or armed conflicts in which the United Nations is involved.