The definition of an armed conflict not of an international character, or at least the ability to identify when such a conflict exists, is crucial for the application of the law of non-international armed conflict. Since 1949, a functional approach has been taken to the applicability of the law. It applies irrespective of terminology, recognition by the parties, or consent. A factual situation, that of a non-international armed conflict, brings the law of non-international armed conflict into play. For such a foundational issue, determining whether or not a...
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