Armed conflict
| Notion(s) | Filing | Case |
|---|---|---|
| Interlocutory Decision on Jurisdiction - 02.10.1995 |
TADIĆ Duško (IT-94-1-AR72) |
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77. [W]e conclude that the conflicts in the former Yugoslavia have both internal and international aspects, that the members of the Security Council clearly had both aspects of the conflicts in mind when they adopted the Statute of the International Tribunal, and that they intended to empower the International Tribunal to adjudicate violations of humanitarian law that occurred in either context. To the extent possible under existing international law, the Statute should therefore be construed to give effect to that purpose. |
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| Notion(s) | Filing | Case |
| Interlocutory Decision on Jurisdiction - 02.10.1995 |
TADIĆ Duško (IT-94-1-AR72) |
|
|
70. [A]n armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organized armed groups or between such groups within a State. International humanitarian law applies from the initiation of such armed conflicts and extends beyond the cessation of hostilities until a general conclusion of peace is reached; or, in the case of internal conflicts, a peaceful settlement is achieved. Until that moment, international humanitarian law continues to apply in the whole territory of the warring States or, in the case of internal conflicts, the whole territory under the control of a party, whether or not actual combat takes place there. […] |
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