To determine whether these episodes are part of an armed conflict or a situation of tensions or internal disturbances is particularly challenging. However, their structure is based on the pursuance of profitable activities that are not necessarily equated to the characteristics of organized armed groups. Engagements in activities involving armed force or armed violence do not seem to be an exclusive prerogative of armed groups under IHL, according to the ICRC. In the hypothesis of an armed conflict, the nexus between the parties and the violent actions would be extremely frail. According to the Report, these groups must be “in regular and intense armed confrontations with armed forces or other organized armed groups.

Source: The Guardian June 26, 2023 14:12 UTC