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With an ever-increasing number of non-State armed groups and a growing tendency for non-international armed conflicts (NIAC) to be fought by coalitions, it is crucial that our interpretation of international humanitarian law (IHL) continues to reflect realities on the ground.
In this post, ICRC legal advisors Jelena Nikolic, Thomas de Saint Maurice, and Tristan Ferraro suggest that in situations where there is evidence that non-State armed groups (NSAGs) have objectively and effectively adopted a collective approach to fighting against a common enemy, the intensity criterion required by IHL for determining the existence of a NIAC should be assessed on the basis of the aggregation of the military actions carried out between all the NSAGs fighting together and their common enemy, rather than requiring that each bilateral relationship of violence meets the criterion on its own. |