non-international armed conflict common article 3

There are several preliminary requirements which must be satisfied for the applicability of Article 3 of the Statute.

The Accused are each charged with three counts of violations of the laws or customs of war pursuant to Article 3 of the Statute, namely one count of murder, one count of wanton destruction of cities, towns or villages not justified by military necessity, and one count of cruel treatment.

GENERAL REQUIREMENTS OF ARTICLE 3 OF THE STATUTE It should be noted that this case is the only one before this Tribunal concerning allegations arising out of the situation in FYROM in 2001. These acts are alleged to have occurred during an armed conflict that, as alleged, began in January 2001 and continued until at least late September 2001, between the Security Forces of FYROM, i.e., the army and police, on the one hand, and the ethnic Albanian National Liberation Army (“NLA”) on the other. The Indictment charges the Accused, Ljube Boškoski and Johan Tarčulovski, with crimes committed between 12 and 15 August 2001 against ethnic Albanians from Ljuboten village in the northern part of the former Yugoslav Republic of Macedonia (“FYROM”).

Similarly, in some of the texts used in the case studies, the facts may not always be proven nevertheless, they have been selected because they highlight interesting IHL issues and are thus published for didactic purposes. They are nevertheless worthy of discussion, if only to raise a challenge to display more humanity in armed conflicts.

As per the disclaimer, neither the ICRC nor the authors can be identified with the opinions expressed in the Cases and Documents. Some cases even come to solutions that clearly violate IHL.

Non-international armed conflict common article 3