Indeed, the legal consequences of the characterisation of the conflict as either internal or international are extremely important. It is nevertheless imperative to specify what degree of authority or control must be wielded by a foreign State over armed forces fighting on its behalf in order to render international an armed conflict which is prima facie internal. n cases such as that currently under discussion, what is required for criminal responsibility to arise is some measure of control by a Party to the conflict over the perpetrators.ĩ7. Please help us improve the service by using our feedback form.Īt paragraphs 91 to 97, the Appeals Chamber examined the conditions under which armed forces fighting against the central authorities of the same State in which they live and operate may be deemed to act on behalf of another State, in other words, the conditions under which those forces may be assimilated to the organs of a State other than that on whose territory they live and operate. The CLD is a living tool and its content is being regularly updated. For exact numbering of footnotes, refer to full documents.
Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. In addition, refined searches in all fields of the database can be conducted through the “ Advanced Search” feature. Users can conduct quick searches by notions, cases names, titles of filings, date (in year-month-day format), statutes, rules, and other instruments through the “ Basic Search” page. It provides direct access to extracts of key judgements and decisions rendered by the ICTR, ICTY, and IRMCT Appeals Chambers since their inception, as well as to full-text versions of the corresponding appeal judgements and decisions. The Case Law Database (“CLD”) is a gateway to the jurisprudence of the ICTR, ICTY, and IRMCT Appeals Chambers.
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