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.

“These could be said to include in particular situations of serious tension (political, religious, racial, social, economic, etc.), but also the sequels of armed conflict or of internal disturbances. Such situations have one or more of the following characteristics, if not all at the same time:

• large-scale arrests;
• a large number of “political” prisoners;
• the probable existence of ill-treatment or inhumane conditions of detention;
• the suspension of fundamental judicial guarantees, either as part of the promulgation of a state of emergency or simply as a matter of fact;
• allegations of disappearances.”