In other words, according to the ‘support-based approach’, only one single NIAC exists, ie the pre-existing NIAC, but the intervening power becomes a new party to this conflict, fighting alongside the supported party. Indeed, its main legal effect is to make the intervening power a new party to the pre-existing NIAC, without requiring the hostilities between this power and its enemy to reach the intensity threshold necessary to trigger a new separate NIAC. This new theory helps to define the ratione personae scope of application of International Humanitarian Law (IHL). The International Committee of the Red Cross (ICRC) recently developed a new theory, entitled ‘support-based approach’, which deals with foreign interventions by ‘one or more States, a coalition of States or an international or regional organization’ in a pre-existing non-international armed conflict (NIAC) in support to one of the parties to this conflict.
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