MR LAX
Sorry, before you go there, my understanding of the protocols is that they did apply to these undeclared guerilla war situations.  In other words the additional protocols to the Geneva Convention were specifically introduced with the changing nature of warfare in mind and I know South Africa didn't sign them but certainly the ANC signed them and international - as I understand it, an international regime of human rights law regarded them as being applicable to the scenario that prevailed in South Africa at the time.