The Application of International Humanitarian Law in Non-International Armed Conflicts: Examining the Challenges and Complexities of Applying IHL in Non-International Armed Conflicts

Abstract

The application of International Humanitarian Law (IHL) in Non-International Armed Conflicts (NIACs) presents a range of legal, practical, and ethical challenges that continue to test the resilience and adaptability of international legal frameworks. Unlike international armed conflicts, NIACs involve state and non-state actors or occur solely between non-state groups, raising complex questions about sovereignty, legal recognition, and enforcement of humanitarian norms. This paper explores the scope and applicability of IHL in such conflicts, with a focus on Common Article 3 of the Geneva Conventions and Additional Protocol II, as well as customary international law. The study critically examines issues such as the threshold for classification of a conflict as “non-international,” the accountability of non-state actors, and the difficulties of implementing humanitarian protections on the ground amid asymmetrical warfare. Moreover, the paper highlights the role of international and regional bodies in monitoring compliance and promoting the protection of civilians. Through legal analysis and case studies, the research sheds light on the evolving nature of modern conflicts and the pressing need to strengthen the operational relevance and enforcement mechanisms of IHL in internal strife. The paper concludes by proposing reforms aimed at enhancing IHL’s effectiveness in addressing the realities of NIACs.