This criterion applies to all conflicts whether international or internal. According to the Tadic Appeal Decision:Ħ4. 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 If it was not already an international armed conflict in 1991, then it became one based on the SVK acting on behalf of Serbia/FRY. Recalling the agreement of all the parties that Croatia and Serbia were engaged more broadly in hostilities around the beginning of the Indictment period, the Trial Chamber further finds that the armed conflict that existed at the outset of the Indictment period was international. Based on the above evidence, the Trial Chamber finds that Serbia/FRY had overall control of the SVK. In particular, the Trial Chamber considered the evidence pertaining to Serbian President Milošević’s control and influence over SVK forces and Serbia/FRY’s funding, arming and supplying of the Krajina Serbs. The Trial Chamber also considered the evidence from Dodig, Lazarević, Witness AG-10, and Babić regarding links between the SVK, RSK, JNA and Serbia/FRY, including in the eve of Croatia’s transition towards independence and the outbreak of the armed conflict. The Trial Chamber considered the evidence that from 1991 to 1995 Croatia and Serbian forces conducted military operations against one another. Inter-State armed conflict: Evidence of a resort to armed forces between States. Existence of an "international armed conflict"ģ.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.ģ.1.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |