Protracted Armed Violence as a Criterion for the Existence of Non-international Armed Conflict: International Humanitarian Law, International Criminal Law and Beyond

Abstract

The present article provides legal analysis of the concept of ‘protracted armed violence’ which is part of the commonly accepted definition of non-international armed conflict (NIAC). The International Criminal Tribunal for former Yugoslavia interpreted this notion as the intensity requirement. However, the practice of other international legal institutions that use this concept (such as International Criminal Court and some other judicial institutions) is not always coherent with this finding. This fact raised several theoretical and practical issues in the process of interpretation and implementation of international legal norms. Therefore, the aim of the article is to critically reassess the ‘protracted armed violence’ concept in various branches of international law and to contribute to the better understanding of the NIAC phenomenon.