First, the hostilities between the parties must reach a certain level of intensity, which may be indicated by, among other factors, the seriousness and frequency of attacks and military engagements, the extent of destruction, or the deployment of governmental armed forces.
This definition rests on two factors-the intensity of the fighting and the organization of the non-State group.
As set forth by the ICTY Appeals Chamber in the Tadić case, NIACs are situations of “protracted armed violence between governmental authorities and organized armed groups or between such groups within a State”. The law of non-international armed conflict (NIAC) applies to all armed conflicts not of an international character.
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