COMMON ANALYSIS
Last update: June 2022
A definition of an international or an internal armed conflict within the meaning of Article 15(c) QD is not provided by the QD itself. In Diakité, the CJEU interprets the concept of ‘internal armed conflict’ under Article 15(c) QD and concludes that it must be given an interpretation, which is autonomous from international humanitarian law.
[…] internal armed conflict exists, for the purposes of applying that provision, if a State’s armed forces confront one or more armed groups or if two or more armed groups confront each other. It is not necessary for that conflict to be categorised as ‘armed conflict not of an international character’ under international humanitarian law;
CJEU, Diakité, para.35
In Diakité, the CJEU sets a low threshold to assess whether an armed conflict is taking place, noting that,
[…] nor is it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.
CJEU, Diakité, para.35
Furthermore, in the context of Article 15(c) QD, differentiation between ‘international’ or ‘internal’ armed conflict is not necessary, as the provision is equally applicable in situations of international and internal armed conflict.
It should also be noted that an armed conflict can be taking place only in parts of the territory.
There are multiple overlapping non-international (internal) armed conflicts taking place in Iraq, most prominently, the conflict between the Iraqi government and ISIL. The Iraqi government is supported by a range of actors, including the Peshmerga, a range of PMF and other militia armed groups, and an international coalition led by the US. [Security 2022, 1.1.]
Parts of Iraq are also affected by an international armed conflict involving Turkey which has conducted airstrikes against the Kurdistan workers Party (PKK), without the consent of the Iraqi government [Security 2022, 1.1].
Parts of Iraq are affected by an armed conflict involving Iran which has been directly involved in bombardments and attacks of Kurdish Iranian groups, and has backed PMF [Security 2022, 1.3.1]
The section Indiscriminate violence in Iraq provides further guidance with regard to the geographical scope of the armed conflicts taking place on the territory of Iraq.