IRRC No. 907/908/909
Exploring the “continuous combat function” concept in armed conflicts: Time for an extended application?
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Abstract
This paper focuses on the “continuous combat function” concept and proposes to
extend its application. First, the article will demonstrate that the continuous
combat function concept should be extended to certain members of organized
armed groups in cases where those groups do not belong to any of the parties to an
international armed conflict and whose actions do not reach the level of intensity
required for a separate non-international armed conflict (NIAC) to exist. Secondly,
the paper will look at the extension of this concept in order to determine individual
membership in State armed forces in the context of a NIAC, while arguing that the
notion of “armed forces” should be interpreted differently depending of the nature
of the conflict, be it international or non-international.