TY - JOUR ID - 60519 TI - The position of the threshold of Non- International Armed Conflicts under the Additional Protocol II JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Mousavi, Seyed Fazlollah AU - Tafreshi Khameneh, Seyed Majid AD - Professor, Public and International Law Department, Faculty of law and Political Sciences University of Tehran, Tehran, Iran AD - PhD in International Law, Faculty of law and Political Sciences University of Tehran,Tehran, Iran Y1 - 2016 PY - 2016 VL - 46 IS - 4 SP - 803 EP - 824 KW - additional protocol II KW - Article 8 of Rome statute KW - Common Article 3 KW - International Committee of the Red Cross KW - sovereign rights KW - threshold DO - 10.22059/jplsq.2016.60519 N2 - The threshold of non-international armed conflicts is a criterion in terms of which the internal disturbances and tensions e.g. riots, and both isolated and sporadic acts of violence, are no longer characterized as civil wars. This term was introduced into the literature of International Law in 1949, following the formation of the Common Article 3 of the Geneva Conventions. The impact of the above-mentioned concept is directly in connection with the sovereign rights of States, particularly the exclusive jurisdiction of the national judicial authorities. Consequently, its effect on managing the conflicts and dealing with the operations of anti-government armed forces, has always been one of the most controversial parts of different diplomatic conferences, including those led to the creation of the Common Article 3, Article 8 of the Rome Statute and especially the Additional Protocol II to Geneva conventions. UR - https://jplsq.ut.ac.ir/article_60519.html L1 - https://jplsq.ut.ac.ir/article_60519_e4680c2f1d042c322d85c5e09e16ffab.pdf ER -