Article 1(2) of the 1977 Additional Protocol II to the 1949 Geneva Conventions states: “This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.” “Internal disturbances” and “internal tensions” have been defined in the ICRC commentary to the 1977 Additional Protocol II.
“This involves situations (…) which [are] (…) characterized by a certain seriousness or duration and which involve acts of violence. These latter can assume various forms, all the way from the spontaneous generation of acts of revolt to the struggle between more or less organized groups and the authorities in power. In these situations, which do not necessarily degenerate into open struggle, the authorities in power call upon extensive police forces, or even armed forces, to restore internal order. The high number of victims has made necessary the application of a minimum of humanitarian rules.”
