This chapter examines the threshold distinguishing situations of non-international armed conflict from situations of internal disturbances in light of recent developments. An argument is advanced in support of a particular approach to the application of this threshold in the characterisation of non-international armed conflict. The definition of non-international armed conflict provided in the case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) forms a central tenet of this argument.

The chapter begins with an analysis of the concept of armed conflict developed in the case law of the ICTY. After unpacking the cardinal elements of this concept, and illustrating examples of how it has been applied, the geographical and temporal scope of non-international armed conflict is examined. The development of international humanitarian law to include conflict between non-state actors is also scrutinised as an integral feature of the concept. Another aspect that will be addressed is the question as to whether a state of armed conflict presupposes the existence of responsible command. In summing up the essential features of the non-international armed conflict threshold, the chapter will conclude with some remarks on its future development.

Tadić: a formula for the characterisation of armed conflict

On 2 October 1995 the Appeals Chamber in the Tadić case issued its Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction (Tadić Jurisdiction Decision).