IHL requires that two criteria be met for there to be a non-international armed conflict: the armed groups involved must show a minimum degree of organization and the armed confrontations must reach a minimum level of intensity. The fulfilment of these criteria is determined on a case-by-case basis, by weighing up a number of factual indicators.
The level of intensity of the violence is determined in light of indicators such as the duration and gravity of the armed clashes, the type of government forces involved, the number of fighters and troops involved, the types of weapons used, the number of casualties and the extent of the damage caused by the fighting. The level of organization of the armed group is assessed by looking at factors such as the existence of a chain of command, the capacity to transmit and enforce orders, the ability to plan and launch coordinated military operations, and the capacity to recruit, train and equip new fighters. I should stress that the motivation of an armed group is not considered a relevant factor.
A non-international armed conflict is to be distinguished from lesser forms of collective violence such as civil unrest, riots, isolated acts of terrorism or other sporadic acts of violence.
Examples of recent non-international armed conflicts include the hostilities that broke out in northern Mali in early 2012 between armed groups and the Malian armed forces, and those that have been occurring in Syria between armed groups and Syrian government forces.
Source : Icrc
