26. The legal question as to when a NIAC draws to a close – and whether it has entirely concluded
in North East Syria – is complex and contested. There has in the past been a view – reflected
by the jurisprudence of the ICTY – that a NIAC remains ongoing so long as there is any level
of continuing violence, however sporadic, until a formal peace agreement is concluded.7 But
the better and more widely accepted view is that, once the criterion of ‘protracted armed
violence’ is no longer fulfilled, and there is no real risk of the resumption of protracted armed
violence, the conflict will lose its classification as a NIAC under international law.8 The
facts on the ground in North East Syria, following the effective defeat of ISIL in March
2019, lend some support to the view that the armed conflict has drawn to a close, but
the security situation in the region remains uncertain and resumption of hostilities cannot
be ruled out, as the more than 2,000 ISIL attacks in North East Syria from March 2019
onwards attest.
Roj camp as of June 2020
Source: US Department of State, Humanitarian Information Unit
Al Hol camp as of June 2019
Source: US Department of State, Humanitarian Information Unit
15
RIGHTS & SECURITY INTERNATIONAL
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents