حالة اعتبار العمليات العسكرية لمكافحة الإرهاب نزاعا مسلحا غير دولي وأثرها على تطبيق قواعد القانون الدولي الإنساني

الملخص EN

The subject of this research is the extent to which military operations to combat terrorism that are led by states internally within their territory can be considered a non-international armed conflict and thus the rules of international humanitarian law may apply to them, we examine this problem by shedding light on the controls for considering cases of internal violence a non-international armed conflict according to what has been stipulated within the legal framework of non-international armed conflicts, and the most important of this conditions are that the military operations should take place within the same territory of the state and that the intensity of the violence should reach the threshold required to remove the situation from merely considering it acts of violence or internal disturbances to be classified as an internal armed conflict, and then by applying it to previous international practices and cases of operations combating internal terrorism we discuss in this research two different cases, one of which did not reach the required level of violence and did not meet the conditions for it to be considered an internal armed conflict and another case of the ongoing conflict in Syria which includes a counter-terrorism operations facing armed organizations that are classified on terrorist lists locally and internationally, and which in all its elements rises to be considered a non-international armed conflict within the meaning of the second protocol of the Geneva conventions 1949.