The definition of non-international armed conflict in international humanitarian law From a more general perspective, notwithstanding the fundamental goal of granting wider protection for asylum seekers in light of the object and purpose of the Qualification Directive, the legal reasoning underlying the adoption of an autonomous concept raises some concerns and possible criticisms as regards the relationship between international and EU law. After examining these different interpretations of the notion of “conflict not of an international character”, attention will be given to the potential fragilities and drawbacks in terms of legal certainty in adopting a definition that diverges from the concept that has already acquired a precise meaning in international humanitarian law. The purpose of the present contribution is to show in which measure the case law of the CJUE and that of international criminal tribunals adopt a differing definition of non-international armed conflict. ĭeparting from the concept existing under international humanitarian law, the Court of Justice of the European Union (CJEU) has recently spelt out an autonomous notion of internal armed conflict. To face these incoherencies, the Recast Qualification Directive of 13 December 2011 underlines as a main objective of European legislation that of ‘ensur that Member States apply common criteria for the identification of persons genuinely in need of international protection’. Negative consequences in terms of equal treatment of persons eligible for subsidiary protection are self-evident. In the application of the EU Qualification Directive of 29 April 2004 which sets out the standards for granting that protection for asylum seekers, domestic jurisdictions have often fluctuated between a notion of internal armed conflict which reflects the definition existing in international humanitarian law and a wider interpretation which would allow a more extensive application of the European Directive. Under the law of the European Union, establishing the scope and extent of the concept of non-international armed conflict is essential in determining the limits and the extension of the subsidiary protection granted to those people fleeing their country, who are not protected by the Geneva Convention on the status of refugees.
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