Impact of the Armed Conflict on the Applicability of Common Article 3 of the Geneva Convention 1949

Abstract

The scope of Common Article 3 extends to non-international armed conflict that happened in the territories of the States that are the Parties to the 1949 Treaty. However, where the conflicts occur within the territory of a state, between the rebels and governments of states, or where the conflicts are occurring between the rebels, in all such situations Common Article 3 is applicable. More specifically, Protocol II which is a supplement to Common Article 3, covers these provisions. This piece conducts qualitative research to pinpoint the specific situations where Article 3 provides the least protection to the people or members of armed forces that are not actively contributing or participating in conflicts. This research piece highlights the scope and extent of Common Article 3 as well as inspects the uncertainties and difficulties in the applicability of Common Article 3. Along with it, this research piece describes the ambiguities in the applicability of Additional Protocol II which is an extension to Common Article 3.