مفهوم التنظيم كشرط في الجماعة المسلحة الطرف في نزاع مسلح ليس له طابع دولي

الملخص EN

Non-International armed conflicts in which different armed groups are involved is the dominant feature of contemporary armed conflicts.

Considering the complex and changing alliances of these groups and the extension of their hostilities across borders, the problem that arises is whether an armed group is considered a party to a noninternational armed conflict as defined under international humanitarian law.

In this context, the concept of “organized armed groups” is of a fundamental importance, upon which depends the applicability of the international humanitarian law to a specific situation of violence.

The research aims to determine the criteria for assessing the fulfilment of the “organization element” in any armed group to be considered a party to a non-international armed conflict.

The research also provides an analysis of the link that must exist between the allied armed groups to be considered as a single party to such conflict.