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BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖ CYIL 9 ȍ2018Ȏ whether the conflict was dealt with by the UN Security Council, has this body adopted any resolutions, and similar criteria. 22 The criterion of intensity in non-international conflicts also has an aspect of time. In order to determine whether a conflict is to be regarded as a non- international conflict, which is subject to the general Article 3 of the Geneva Conventions, it is necessary to take into account whether the armed struggle continued for a certain period of time, and whether it was protracted. Intensity and continuity are interrelated, so if the intensity of the actions is high, then a shorter period of continuity would be required, and vice versa. However, according to the ICTY, the continuity is not so important as the intensity, more attention is paid to the intensity of the actions than their duration. 23 A study on the Committee of the Use of Force has shown that both in treaties and in the practice of states there is a requirement for the establishment of the existence of an armed conflict and that the conflict would involve two or more organized armed groups. The regime of an armed conflict is not triggered in situations where the force is used by a single isolated person or the force is used by a massive crowd that is acting chaotically. If a conflict arises between two states, there is no question of this criterion. In the case of a non- international armed conflict, it is more difficult to determine whether this criterion is met. 24 The main requirement would be that an armed group should be sufficiently organized, have a management structure, and be able to implement the essential requirements of Common Article 3 of the Geneva Conventions. 25 This criterion takes into account the structure, nature, and control of the management. Important factors identified by the Committee would be how the leadership is conducted, whether the organization is governed by certain rules, whether military training is conducted, whether the supply and procurement of weapons are organized, whether new members are recruited, if there is an infrastructure for communication between members of the organization, or if there are rest areas or territories. It can also be noted that the cases of targeted killings alone do not in themselves constitute a state of armed conflict, as they generally do not amount to armed hostilities and do not reach the threshold of the intensity of an armed conflict, 26 so that, in the absence of other hostilities, such a situation would be judged according to human rights norms. The difference between human rights and the standards of the criminal procedure and IHL is illustrated by what is allowed under these norms. Generally speaking, in peacetime, law enforcement agencies can only carry out targeted killings for self-defence purposes or for the protection of others from imminent danger, such as killing in the situation of hostage- taking when it is believed that the situation is life-threatening for the hostages. 27 In the case of 22 Final Report on the Meaning of Armed Conflict, op. cit. 17, p. 30; International Criminal Tribunal for former Yugoslavia. Prosecutor v. Ljube Boškoski, Johan Tarčulovski. Trial Judgement of 10 July 2008. Case No. IT-04- 82-T. http://www.icty.org/x/cases/boskoski_tarculovski/tjug/en/080710.pdf [accessed 22 May 2018], para. 177. 23 International Criminal Tribunal for former Yugoslavia. Prosecutor v. Ramush Haradinaj et al. Trial Judgement of 3 April 2008. Case No. IT-04-84-T. http://www.icty.org/x/cases/haradinaj/tjug/en/080403.pdf, [accessed 22 May 2018], para. 49. 24 Final Report on the Meaning of Armed Conflict, op. cit. 17, p. 29. 25 Ibid. 26 FISHER, W. J. Targeted Killing, Norms and International Law. Columbia Journal of Transnational Law, Vol. 45, 2006-2007, p. 720. 27 ANDERSON, K. Targeted Killing and Drone Warfare. How We Came to Debate Whether There Is a ‘Legal Geography of War’ . American University Washington College of Law Legal Studies Research Paper, 26 April 2011 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1824783##, [accessed 22 May 2018], p. 3.

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