From Internal Disturbance to Armed Conflict: Legal Thresholds and Challenges in Identifying Non-International Armed Conflicts

Event Description

The legal classification of armed conflicts plays a fundamental role in international humanitarian law, as it dictates the application of critical protections for individuals impacted by hostilities, including both combatants and non-combatants. When does an instance of internal disturbance, such as riot, rise to the level of a non-international armed conflict (NIAC) under international humanitarian law, and how do the frameworks such as Common Article 3 of the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court address this critical issue?

This presentation, drawing on Dr. Kurtuluş’ recent article, will delve into the criteria used to distinguish NIACs from other forms of armed violence and examine the applicability requirements of Common Article 3, Additional Protocol II and the Rome Statute. Through an in-depth examination of a real-world case study, the presentation illustrates the practical challenges of interpreting and applying the relevant legal standards.

Event Poster

Speaker

Dr. Şehmus Kurtuluş is a visiting scholar at the University of British Columbia. His primary research interests sit at the intersection of public international law (including international humanitarian law, international human rights law and international criminal law) and international relations. Dr. Kurtuluş also researches in the areas of comparative constitutional law and comparative politics. His work has appeared in the Leiden Journal of International Law, International Relations and Istanbul Law Review, among others. He has recently finalized a monograph, which is now set for publication by Routledge.