Practice Relating to Rule 4. Definition of Armed Forces
Kenya’s LOAC Manual (1997) defines the armed forces of a State or of a party to the conflict as consisting of
all organised units and personnel which are under a command responsible for the behaviour of its subordinates. The command of the armed forces must be responsible to the belligerent Party to which it belongs. The armed forces shall be subject to an internal disciplinary system which enforces compliance with the law of armed conflict. In the case of non-international armed conflict, in the sense of [the 1977 Additional Protocol II], the non-governmental forces or opposition forces have to fulfil two additional conditions in order to be considered “armed forces”, namely:
1. they must exercise control over a part of the State’s territory;
2. they must be able to carry out sustained and concerted military operations.