![]() ![]() "It is indisputable that an armed conflict is international if it takes place between two or more States. In the words of the Appeals Chamber in the Tadić Appeals Judgment, Existence of an "international armed conflict" Accordingly, a single act could also amount to a war crime within the jurisdiction of the Court if it was committed in the context of and was associated with an armed conflict." ġ.1. ![]() The article therefore does not articulate a strict requirement for the exercise of the Courts jurisdiction over war crimes only in these circumstances, but only gives "a particular guideline for the Court". ![]() "Furthermore, article 8(1) of the Statute states that the Court "shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes". In the Mbarushimana Decision on the Confirmation of Charges, the Pre-Trial Chamber held that: The conduct took place in the context of and was associated with an international armed conflict. Under GC III, nationality is irrelevant in determining whether a person qualifies for combatant status in an IAC, but State practice differs when it comes to the question of whether a State will grant prisoner of war (POW) status to its own nationals captured fighting for a foreign army.1. The ICTY’s Tadic decision suggested that in some situations, rather than nationality, allegiance to a party to the conflict should be considered in determining whether or not individuals qualify for the status of “protected persons.” With some exceptions provided for in the Convention, civilians who finds themselves, in case of armed conflict or occupation, in the hands of a party to the conflict of which they are not nationals, are protected persons. Under IHL, the status of ‘ protected persons’ under GC IV is dependent upon nationality. It is also used to define the relationship between a state and a ship which is authorized by the state to fly its flag. Nationality may arise by birth or naturalization. Refers to the relationship between a citizen of a nation and the nation itself. ![]()
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