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In a province of the Philippines, the Armed Forces of the Philippines (AFP) are engaged in sustained hostilities with the Lumina Resistance Front (LRF), an organized non-state armed group with a defined chain of command and territorial presence in City of San Esperanza and surrounding municipalities. The conflict has persisted for 11 months and features urban warfare. The AFP conduct an aerial strike against targets in a densely populated residential block near the San Esperanza City Hall, resulting in civilian deaths and injuries. Reports indicate LRF fighters have taken positions in civilian buildings and have used civilians as shields during engagements. (a) Does this scenario fit the definition of an internal or non-international armed conflict under international humanitarian law? (b) If it qualifies as an NIAC, does Additional Protocol II apply to govern the conduct of hostilities and civilian protection in this scenario? (c) Based on the facts, identify the main IHL prohibitions implicated and the potential liability of the actors involved.

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Clara

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