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Identifying An Armed Conflict Not Of An International Character

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Chapter Summary

The inclusion in the Rome Statute of the International Criminal Court (ICC) (Statute) of provisions on war crimes in armed conflicts not of an international character was one of the most controversial issues arising during the diplomatic conference. Inherent in Article 8 (2) (c) and 8 (2) (e) is the notion of an armed conflict not of an international character, an idea that appears in common Article 3 of the Geneva Conventions. This chapter presents some meaning, using factors identified by the ad hoc international criminal tribunals, primarily those of the intensity of the violence and the level of organisation of the armed group. It consider whether the threshold of Article 8 (2) (e) is the same as that of Article 8 (2) (c), or whether a higher threshold has been created as a result of the requirement in Article 8 (2) (f) that the armed conflict be protracted.

Keywords: armed conflicts; Article 8 (2) (c); Article 8 (2) (e); Article 8 (2) (f); international character; International Criminal Court (ICC); Rome Statute

10.1163/ej.9789004166554.i-774.113
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