In Diakité, the CJEU sets a low threshold to assess whether an armed conflict is taking place, noting that, It is not necessary for that conflict to be categorised as ‘armed conflict not of an international character’ under international humanitarian law …internal armed conflict exists, for the purposes of applying that provision, if a State’s armed forces confront one or more armed groups or if two or more armed groups confront each other. In Diakité, the CJEU interprets the concept of ‘internal armed conflict’ under Article 15(c) QD and concludes that it must be given an interpretation, which is autonomous from international humanitarian law: Common analysis Last updated: September 2020Ī definition of an international or an internal armed conflict within the meaning of Article 15(c) QD is not provided by the QD itself.
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