When can Protocol II of 1977 apply to a civil war?

Protocol II of 1977, an additional protocol to the Geneva Conventions, applies to non-international armed conflicts—commonly referred to as civil wars—that meet specific criteria regarding the organization and territorial control of the dissident forces.12

For the Protocol to apply, the following conditions must be met:

• Responsible Command: The dissident armed forces must be under a responsible command structure.2
• Territorial Control: These forces must exercise sufficient control over a part of the territory of a contracting state to enable them to carry out sustained and concerted military operations.2
• Implementation Capacity: The forces must be capable of implementing the provisions of the Protocol.2

When these requirements are satisfied, the Protocol extends human rights protections to those involved in the conflict, specifically prohibiting acts such as torture, the taking of hostages, collective punishment, and outrages upon personal dignity. It is important to note that the Protocol does not apply to internal conflicts where dissident groups lack such territorial control, as was the case in historical conflicts in Northern Ireland or Spain.12