Practice Relating to Rule 4. Definition of Armed Forces
Argentina’s Law of War Manual (1989) defines the armed forces of a party to the conflict as all organized armed forces, groups and units which are under a command responsible to that party for the conduct of its subordinates, even if that party is represented by a government or an authority not recognized by an adverse party. Such armed forces shall be subject to an internal disciplinary system which, inter alia
, shall enforce compliance with the rules of international law applicable in armed conflict.
Upon accession to the 1977 Additional Protocol I, Argentina declared that it interpreted Articles 43(1) and 44(1) of the Protocol
as not implying any derogation of: a) the concept of permanent regular armed forces of a Sovereign State; b) the conceptual distinction between regular armed forces, understood as being permanent army units under the authority of Governments of Sovereign States, and the resistance movements which are referred to in Article 4 of the Third Geneva Convention of 1949.
Upon accession to the 1977 Additional Protocol II, Argentina declared, with reference to Article 1 of the Protocol:
The term “organized armed groups” is not to be understood as equivalent to that used in Article 43, Protocol I, to define the concept of armed forces, even if the aforementioned groups meet all the requirements set forth in the said Article 43.
Argentina’s Law of War Manual (1989) provides: “Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces, it shall so notify the other Parties to the conflict.”