A non-international armed conflict exists if there is ‘protracted armed violence between governmental authorities and organized armed groups or between such groups within a State’. Publicly available national positions that address this issue include: (2023), However, cyber operations alone will only rarely meet the requisite level of intensity to trigger a NIAC. These same criteria of intensity and organization apply in situations involving (or even limited to) cyber operations. Second, the non-State group must have some minimum level of organization, indicators of which may include the presence of a command or leadership structure, the ability to determine a unified military strategy and speak with one voice, the adherence to military discipline, as well as the capability to comply with IHL. 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.

Law of armed conflict wiki