Redefinition of the Concept of Non-international Armed Conflict: Implication and Limit

2014 Fiscal Year Final Research Report

• Project/Area Number: 23530055
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Doshisha University
• Principal Investigator: ARAI Kyo 同志社大学, 法学部, 教授 (10319436)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 国際人道法 / 非国際的武力紛争 / テロとの戦争 / 武力紛争法

Outline of Final Research Achievements

In the era of "war on terror", which involving powerful "non-state" actors like the IS, international society had to redefine the concept of the Non-international armed conflicts, to which some rules of international humanitarian law apply. After four-year research, following points were found. 1) The framework of "Re-defined" NIAC could provide war victims of such new conflict better protection. 2)At the same time, this multi-dimensional analysis shows us that the new framework does not provide such enhanced protection to all victims, some of whom supposed to enjoy lesser protection especially if compared with otherwise given under other regimes, such as international human rights law. 3) Yet, new redefined framework of the NIAC should be regarded as a sole approach which is realistic in order to provide humanitarian protection in armed conflicts (other than inter-state ones, classic wars) in modern world of disorder.

Free Research Field

国際人道法