From Theory to Reality: A Definition for the Termination of Non-International Armed Conflicts

Abstract

Abstract This article seeks to examine how various theories, which have been designed to determine the end of non-international armed conflicts (NIACs), have been applied in practice. As international humanitarian law is temporal in its application, determining when a conflict legally concludes is vital to assess the rights and duties of parties involved during the final stages of conflict. In order to examine how international law approaches the issue of conflict termination, three case studies are undertaken (Afghanistan, Solomon Islands and Sierra Leone) to examine the practice of the parties involved in the transition out of a NIAC paradigm and into the jus post bellum (law after war). While the article does not seek to identify a clear definition in customary international law as to the nature of a NIACs termination, through an analysis of practice and theory implementation, it is hoped that an improved picture as to how NIACs may conclusively end as a matter of international law can be brought to light.