![]() ![]() In order to apply the body of law termed "international humanitarian law" to a particular situation it must first be determined that there was, in fact, an "armed conflict", whether of an internal or international nature. Like the Appeals Chamber, the Trial Chamber asserts that: It suffices to establish the existence of the conflict within the whole region of which the municipalities are a part. It is not necessary to establish the existence of an armed conflict within each municipality concerned. This criterion applies to all conflicts whether international or internal. According to the Tadic Appeal Decision:Ħ4. ![]() IT-96-21-T, Judgement, 16 November 1998 ("Celebici Trial Judgement"), para. All that is required is a showing that a state of armed conflict existed in the larger territory of which a given location forms a part. In this regard, the Trial Chamber observes that, in order for norms of international humanitarian law to apply in relation to a particular location, there need not be actual combat activities in that location. An "armed conflict" is said to exist "whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organised armed groups or between such groups within a State." 17 Inter-State armed conflict: Evidence of a resort to armed forces between States. Existence of an "international armed conflict"ġ.1.1.Evidence of an "armed conflict" falling into art. The conduct took place in the context of and was associated with an international armed conflict.ġ.1.
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