The Dichotomy between International and Non-International Armed Conflicts: Legal Implication for Captured Fighters in Non-International Armed Conflicts

Abstract

Prisoner-of-war status represents one of the important ways through which the protection of captured combatants is effected in Humanitarian Law, yet the dichotomy between international and non-international armed conflicts (which witnesses the application of different legal regimes depending on whether the armed conflict is international or non-international in nature), frustrates this whole idea of protection. This Article examined the legal implication of this dichotomy for captured fighters in non-international armed conflicts within the context of the Geneva Conventions. It argued that the dichotomy between international and non-international armed conflicts is discriminatory; contradictory; and in fact creates serious hardship for non- international armed conflicts as it restricts the application of prisoner-of-war status to international armed conflicts. It further contended that the dichotomy is not founded on any basis geared towards promoting Humanitarian Law but is rather sovereign-oriented and political. The Article recommended the application of the full extent of the Geneva Conventions to non-international armed conflicts as a way of dealing with this challenge. This way, the application of prisoner-of-war status will be harmonized in Humanitarian Law.