Non-international armed conflicts and the relevance of common article 1

Bagheri, S. ORCID: https://orcid.org/0000-0002-9398-8067 (2023) Non-international armed conflicts and the relevance of common article 1. Armed Groups and International Law.

Abstract/Summary

Protecting civilians in armed conflicts represents one of the main goals of international humanitarian law (IHL), as a distinct body of law intended to protect civilians, civilian objects, and other protected persons and objects that are or may be affected by armed conflicts. However, civilians still face frequent violations in international armed conflicts (IACs) and non-international armed conflicts (NIACs). At the same time, Common Article 1 of the 1949 Geneva Conventions explicitly provides that States undertake to respect and ensure respect for IHL in all circumstances. This post builds on the question of whether Common Article 1 obligations extend to situations of NIACs. It then goes on to examine a further important legal question as to whether territorial States must engage with organised groups for the purpose of the obligations contained in Common Article 1. Finally, it analyses the difficulties that would be encountered in the implementation of the precedent obligation if territorial States do not recognise the existence of NIACs on the one hand and the legal status of organised armed groups as parties to NIACs on the other.