The provision only applied to international armed conflict
potential status as an international armed conflict
has been improperly
To the extent that the former group is correct, the state's authority to detain members of the organized non-state actor increases significantly once a NIAC is established and may mirror the detention authority of international armed conflicts
RED CROSS 163, 174 (2014) (explaining that the end of an international armed conflict
is difficult to determine, but that it "will also end the application of those rules of IHL regulating the conduct of hostilities").
Nonetheless, one scholar has argued for applying it to non-international armed conflicts as an expression of customary international law, stating that "reason suggests that states are also obliged to take the range of precautions in attack [during non-international armed conflict] specified in respect of international armed conflict
." (129) Nonetheless, he acknowledges that "reason and positive law do not always march side by side.
Accordingly, an international armed conflict
could begin solely on the basis of cyber exchanges if two or more states were involved and the nature of the operations qualified them as attacks.
The acts of the group cannot be said to be under the control of either the Syrian or Iraqi governments; thus, a common criteria for establishing the existence of an international armed conflict
is not met.
international armed conflict
. (82) According to the ICRC Commentaries to
Now, as with other PoWs, the fundamental rights of captured embedded journalists (called war correspondents in IHL terminology) in international armed conflicts
are legally protected, including the right to humane treatment and protection from acts of violence, such as torture and medical and scientific experimentation, and from insults and public curiosity (Geneva Convention III, 1949).
Armed conflict is one of two varieties, international armed conflict
or noninternational armed conflict.
The treatment of all persons who fall into the hands of the enemy during an international armed conflict
depends upon the status of the person as determined under the four Geneva Conventions of 1949.
Israel, the Israeli Supreme Court held that the conflicts between Israel and Palestinian terrorists constituted an international armed conflict
, (27) and that the killings were lawful under the doctrine of anticipatory self-defense.