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'Furthermore, depending on the parties involved in the hostilities, it is apparent to the Chamber that contemporaneous conflicts of a different nature may take place on a single territory and therefore that international and noninternational conflicts may coexist. In the Katanga Trial Judgement, the Trial Chamber held that: Existence of an 'armed conflict not of an international character' To determine the existence of an armed conflict, both the intensity of the conflict and the organisation of the parties to the conflict must be considered on a case-by-case basis.1464 It is immaterial whether the armed conflict was international in nature or not.'ģ.1.

In relation to the requirement that there exist an armed conflict, the Appeals Chamber in the Tadić case articulated the test as follows: “n armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organized groups or between such groups within a State”. For Article 3 to apply, two preliminary requirements need to be fulfilled, namely there must be an armed conflict and the crime must be closely related to that armed conflict (“nexus requirement”). IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, para. 'The Majority recalls that a crime has taken place in the context of, or in association with, an armed conflict where 'the alleged crimes were closely related to the hostilities'.' ' In the Garda case, the Pre-Trial Chamber explained that 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.' The article therefore does not articulate a strict requirement for the exercise of the Court’s 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 armed conflict not of an international character.

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