Characteristics of armed conflict: As war crimes can, by their name only exist in context of a state of armed conflict116, the existence of a state of armed conflict is essential to establish the indictment.117 An armed conflict exists whenever there is a resort to armed forces between states or protracted armed violence between governmental authorities and organized armed groups within a state.118 The “situations of internal disturbances, such as riots, isolated and sporadic acts of violence or other acts of a similar nature” 119 do not constitute an armed conflict, which require high level of hostilities 120 . Article 1(2) of
Additional Protocol II121 also distinguishes “armed conflict” from “internal disturbances and tensions”122. The minimum threshold for an armed conflict to exist requires rebels to have organized armies under their control123, with the capacity to sustain military operations.124
