2.2 Non-International Armed Conflict

The NIAC: the armed conflict within a state — the government vs organised armed groups (or the groups inter se). The two treaty thresholds: Common Article 3 (the minimum: the non- international conflicts "occurring in the territory of one of the High Contracting Parties" — the conflict's existence presumed; the parties' obligations: the humane treatment of the hors de combat, the wounded's care, the judicial guarantees) and AP II (the higher threshold: the conflict between the state's armed forces and organised armed groups "under responsible command" exercising "control over a part of its territory" — the additional protections). The applicable law: CA3 + AP II (where ratified) + the customary rules (the ICRC study's NIAC rules — the modern convergence: the core rules applying in both conflict types). The Nepal example (the verified frame): the 1996-2006 conflict — the classical NIAC (the ICRC's own casebook's entry) — the CA3- and-custom regime (the Protocols unratified — U5.7's record).