common article 3 and additional protocol ii

However, the basic core of Additional Protocol II is reflected in Common Article 3 of the 1949 Geneva Conventions and therefore is a part of generally accepted customary law. The research aims to contribute to the existing literature on the notion of intensity demanded by the scope of application inherent in AP II through an interrogation of the phrase sustained military operations by employing the rules of treaty interpretation and by examining relevant case law and scholarly debate. See also ICTR Akayesu 1998, para 626. However, in the Nicaragua case, the International Court of Justice explained that the practice does not need to be absolutely rigorous with regard to the conformity principle. In: Hasse J et al (ed) Humanitres Vlkerrecht. Sivakumaran proposes that the reasoning of these courts indeed presupposes that sustained armed violence necessitates a level of violence higher than protracted armed violence.158 Nomos Verlag, Baden-Baden, pp 325353, Ash RW (2007) Square pegs and round holes: Al-Qaeda detainees and common Article 3. Oxford University Press, Oxford, pp 203241, Tahzib-Lie B, Swaak-Goldman O (2004) Determining the threshold for the application of international humanitarian law. 3 Jean-Marie Henckaerts and Louise Doswald-Beck (eds), Customary International Humanitarian Law, Volume I: Rules, Cambridge University Press, Cambridge, 2005 (hereafter Customary Law Study). The Protocol's applicability is tied to an armed conflict in which the non-state party must exercise such control over a part of the territory of a state party as to enable it to carry out sustained and concerted military operations and to implement this Protocol. The details of applicability are spelled out in Common Articles 2 and 3. Oxford University Press, Oxford, pp 3279, Ambos K (2001) Zur Bestrafung von Verbrechen im internationalen, nicht-internationalen und internen Konflikt. In the view of this author, it is not feasible that one month's worth of fighting is too short but several months are sufficient to be considered sustained military operations. Martinus Nijhoff, Leiden, Verri P (1972) Considrations sur lapplication dans les conflits modernes des Articles 3 et 4 des Conventions de Genve de 1949. Sinnot, Matthew New Haven Press, New Haven, McCarthy C (2008) Legal conclusion or interpretative process? In its evaluation of whether this incident satisfied the intensity requirement, the Commission considered a number of factors, including the concerted nature of the hostile acts and the nature and level of the violence attending the events in question.57 When autocomplete results are available use up and down arrows to review and enter to select. At this point in the analysis, Article 33 proves helpful. 375391, available at: http://www.icrc.org/eng/assets/files/other/irrc_858_pejic.pdf (last visited 3 March 2011). Only clear-cut cases have been observed before international criminal tribunals. Unfortunately, such agreements have not been utilized as often or as efficiently as may have been anticipated. As Cullen notes, the ICTR Trial Chamber found it necessary to establish the applicability of common Article 3 and Additional Protocol II individually. continuously and that are done in agreement according to a plan and on the other, of IT-04-84-T, para. during the period concerned, and consequently, that military operations were at times interrupted116 An exact metric of a minimum period of fighting that qualifies as sufficiently prolonged to be sustained remains elusive. Statute of the Special Court for Sierra Leone. 05 May 2011. See below the case-law of ICTY and ICTR. 17 See White House Memorandum of February 7, 2002 on the Humane treatment of Taliban and Al Qaeda detainees, available at: http://www.pegc.us/archive/White_House/bush_memo_20020207_ed.pdf (last visited 10 March 2011). 2002, para 68. 26 See International Criminal Tribunal for Rwanda (ICTR), Prosecutor v. Akayesu, Case No. Generally, it is often difficult to determine situations that comply with the criteria of Additional Protocol II. a look at another authentic text may shed light on the issue of sustained military operations. Next, does the inclusion of the term sustained in the construct sustained and concerted armed violence, as included in the material scope of application of AP II, inform the notion of intensity required to trigger the application of this instrument, and if so, does its inclusion consider duration as a constitutive element of this notion of intensity? The Commission concluded that despite its brief duration, the clash between the Argentine armed forces and militants had triggered the application of common Article 3 and satisfied the intensity requirement by meeting the threshold of protracted violence.58, Sivakumaran comments on the relation between the factors of intensity and duration as evaluated in the La Tablada case.59 Nomos Verlag, Baden-Baden, pp 475501, ICC Bemba 2009, Prosecutor v Bemba, Case No ICC-01/05-01/08, Decision pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor against Jean-Pierre Bemba Gombo, Pre-Trial Chamber, 15 June 2009, ICC Lubanga 2007, Prosecutor v Lubanga, Case No ICC-01/04-01/06-803, Decision on the confirmation of charges, Pre-Trial Chamber I, 29 January 2007, ICC Lubanga 2012, Prosecutor v Lubanga, Case No ICC-01/04-01/06, Judgment, Trial Chamber I, 14 March 2012, ICTR Akayesu 1998, Prosecutor v Akayesu, Case No ICTR-96-4-T, Judgment, Trial Chamber, 2 September 1998, ICTR Baglishema 2001, Prosecutor v Baglishema, Case No ICTR-95-1A-T, Judgment, Trial Chamber, 7 June 2001, ICTR Kayishema and Ruzindana 1999, Prosecutor v Kayishema and Ruzindana, Case No ICTR-95-1-T, Judgment, Trial Chamber, 21 May 1999, ICTR Musema 2000, Prosecutor v Musema, Case No ICTR-96-13-T, Judgment, Trial Chamber, 27 January 2000, ICTR Rutaganda 1999, Prosecutor v Rutaganda, Case No ICTR-96-3-T, Judgment, Trial Chamber, 6 December 1999, ICTY Boskoski and Tarculovski 2008, Prosecutor v Boskoski and Tarculovski, Case No IT-04-82-T, Judgment, Trial Chamber, 10 July 2008, ICTY Delalic 2001, Prosecutor v Delalic et al., Case IT-96-21-A, Appeals Judgment, Appeals Chamber, 20 February 2001, ICTY Delalic et al. Common Article 3 of the Geneva Conventions and/or Article 1 of Additional Protocol II. Tahzib-Lie and Swaak-Goldman 2004, pp. considered synonymous (See Akayesu[8]judgment, para. ICTY Limaj 2005, para 89. the contrary, when he returned to Rwanda on 19 May 1994 he once again took up the post 229237. This article therefore permits resort to human rights law as an additional frame of reference in regulating the judicial guarantees of criminal suspects who belong to persons in the power of a party to the conflict. In response, two Protocols Additional to the four 1949 Geneva Conventions were adopted in 1977. The term war crime alludes to the violation of a recognised obligation of the rules of armed conflict which must be respected by conflicting parties. Bassiouni 1999, p. 101. Indiana Int Comp Law Rev 17:269, Bartels R (2009) Timelines, borderlines and conflicts. substantial support for the war effort on the part of the accused. evidence that he still exercised effective de jure and de facto power over the citizens of his This paper examines the minimum threshold of violence that a situation must meet in order to satisfy the notion of intensity as demanded by AP II. SCSL Fofana and Kondewa 2007, para 124; SCSL Taylor 2012, para 564. Int Rev Red Cross 835:531, Henckaerts J-M (2005) Study on customary international humanitarian law: a contribution to the understanding and respect for the rule of law in armed conflict. United Kingdom Ministry of Defence 2005, para 3.5 explains that if the dissident or anti-government armed forces exercise sufficient territorial control as to enable them to carry out sustained and concerted military operations and implement Additional protocol II, that Protocol applies in addition to Common Article 3. See also para 3.9. 3, 2007, p. 261CrossRefGoogle Scholar. 1998, Prosecutor v Delalic et al., Case No IT-96-21-T, Judgment, Trial Chamber, 16 November 1998, ICTY Hahdzihasanovic and Kubura 2005, Prosecutor v Hadzihasanovic and Kubura, Case No IT-01-47-AR3.3, Decision on Joint Defence Interlocutory Appeal of Trial Chamber Decision on Rule 98bis Motions for Acquittal, Appeals Chamber, 11 March 2005, ICTY Haradinaj 2008, Prosecutor v Haradinaj et al., Case No IT-04-84-T, Judgment, Trial Chamber, 3 April 2008, ICTY Kordic and Cerkez 2004, Prosecutor v Kordic and Cerkez, Case No IT-95-14/2-A, Appeals Judgment, Appeals Chamber, 17 December 2004, ICTY Kunarac et al. 29 This position does not endorse a global war (trans-national armed conflict) approach, as already explained above. and from time to time launched several major operations.119 Afr J Int Compa Law 7:804, United Kingdom Ministry of Defence (2005) The manual of the law of armed conflict. (See AP I Commentary, above note 51, paras. 50 Prisoner of war internment is subject to a different legal regime and is not the subject of this section. Gawanas, Bience P Similarly, the international armed conflict that started in Iraq in March 2003 ended in June 2004, after which foreign troops were acting in Iraq with the consent of the interim Iraqi government. Generally, it is often difficult to determine situations that comply with the criteria of Additional Protocol II. The results of treaty interpretation and a survey of case law demonstrate that the term sustained essentially requires that violence is prolonged in nature. See Articles 43(1) and 78(2), respectively. killings and murder and to attack the property of moderate Hutus and the Tutsi minority. 70 E.g. While common Article 3 and Protocol II, Art. civilian is anyone who falls outside the category of perpetrators, namely individuals of all 4(2) of Protocol II do prohibit the acts they describe "in any place," that prohibition is clearly limited to the territory of a High Contracting Party (common Article 3 and Protocol II, Art. benefit and all residents of the country engaged in a conflict, irrespective of their 1977 to the Geneva Conventions of 12 August 1949, Geneva, 1986, nos 4485 and 4489 [ 4 By way of reminder, the ICRC Commentaries to Common Article 3 contain a summary of the criteria that were put forward by some states at the Diplomatic Conference but were eventually rejected. Since then, the US and NATO forces have been acting in support of the government against the Taliban and Al Qaeda. As one of the research purposes of this paper is to establish whether or not AP II demands a higher or different intensity threshold than that insisted upon by common Article 3, this is a logical point of departure. "displayNetworkMapGraph": false, Jump to navigation Jump to search. and Similarly, the ICC Statute provides a list of war crimes that may be committed in the conduct of hostilities in NIAC, albeit not one as comprehensive as could have been wished. 7 See Fatmir Limaj et al., International Criminal Tribunal for the Former Yugoslavia (ICTY), Trial Chamber II, Judgment of 30 November 2005, Case No. ICTY Boskoski and Tarculovski 2008, para 197. "shouldUseShareProductTool": true, The money is primarily for such purposes, not for "killing Jews" 06 Nov 2022 13:21:57 www.geneva-academy.ch/joomlatools-files/docman-files/The%20War%20Report, www.icrc.org/en/publication/0431-handbook-international-rules-governing, www.mindefensa.gov.co/irj/go/km/docs/Mindefensa/Documentos/descargas/Pr. Common Art. hostilities are occurring between armed forces or organized armed groups within a single However, neither text Essays on humanitarian assistance and international humanitarian law in honour of HRH Princess Margriet of the Netherlands. The following section of the paper explains why a better understanding of the notion of intensity under AP II is needed. to include all armed forces described in domestic legislation (see the Musema judgment, 42 Ratner, Steven R., Predator and prey: seizing and killing suspected terrorists abroad, in Journal of Political Philosophy, Vol. For a discussion on the concept of lex specialis, see McCarthy 2008, p. 101. For example, the French government in 1956, after several years of asserting that the conflict in Algeria was a suppression of an uprising, admitted the applicability of Common Article 3 and recognise[d] a separate legal status for Algerian detainees in order to mitigate the impact of French law. Forsythe 1978, p. 277. United Nations Security Council 2013, Resolution 2106 (2013), UN Doc S/RES/2106 (2013), 24 June 2013, pream para 13; United Nations Security Council 2012, Resolution 2068 (2012), UN Doc S/RES/2068 (2012), 19 September 2012, pream para 3. 1, 2004.Google Scholar. Google Scholar, Boelaert-Suominen S (2000b) The Yugoslav tribunal and the common core of humanitarian law applicable to all armed conflicts. II-B (Berne, Federal Political Department, 19501951), p. 122, italics in original, additional emphasis added. For a detailed drafting history of Common Article 3 see Moir 1998, p. 337. CHAPTER 4 LEGAL CLASSIFICATION OF THE OFFENCES AND, Several of these colonies are usually referred to as Puritan (Plymouth, Massachusetts Bay, Connecticut) because they were settled by Puritans (Massachusetts Bay and Connecticut) or, In the practical, the type of high buildings was identified as a study case because of its importance and impact, The research objective is that the shape derived from nature, Coastal communities are groups of people who live in the coastal region and the source of life economy depending directly on the utilization of marine and, The role of women in the economic strength of the build family is very important, but in reality in the world of work they have yet to fully get the, It is characterized by acute respiratory paresis and muscular weakness, primarily in the facial, neck, and proximal limb muscles. 68 The UN Human Rights Committee has stated: As certain elements of the right to a fair trial are explicitly guaranteed under international humanitarian law during armed conflict, the Committee finds no justification for derogation from these guarantees during other emergency situations. 49. Sustained is interpreted as adding a constitutive requirement to the notion of intensity for the application of AP II to be triggered; essentially, an additional factor by which the fighting is prolonged to the demand of a protracted armed conflict. and State []. (Log in options will check for institutional or personal access. It should be noted that this fairly restrictive definition applies only to Protocol II. This paper explores the relationship between the notion of intensity and the ability of an organized armed group to launch sustained and concerted military operations as necessitated by Article 1(1) of AP II. Protocol II was the first-ever international treaty devoted exclusively to . 11 Affaire Lubanga Dyilo, Chambre prliminaire I, Dcision sur la confirmation des charges, 29 janvier 2007, paras. In the structure of the courts of, In section III it is shown that if the plant units in the population are distributed among the species in a logarithmic series, and if the quadrats are true ranidom samples of a, In support of this explanation of the differences between Brown and Morris' results and our own, several facts may be adduced. Non-international armed conflicts are . The paper argues that the inclusion of the term sustained in Article 1(1) of AP II potentially demands prolonged protracted armed violence. The 2016 Commentary interprets the minimum threshold of the intensity of violence test included in common Article 3 to be at a point at which situations formerly regarded as instances of sporadic violence are reclassified as being armed conflicts not of an international character in that they come to resemble protracted armed violence.44 Depending on their qualications, different rules apply. See, also, Human Rights Watch, Q and A on hostilities between Israel and Hezbollah, 1 August 2006, available at: http://www.hrw.org/en/news/2006/08/01/questions-and-answers-hostilities-between-israel-and-hezbollah (last visited 3 March 2011). 163/ii, p. 147. In: Jinks, D., Maogoto, J., Solomon, S. (eds) Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies. The violence resulting from the military operations must be ongoing for a period of time as a consequence of the operations being launched in a systematic way. It is unlikely that an armed group would be able to give effect to those requirements within the first month of fighting. United Kingdom Ministry of Defence 2005, para 3.6.1. International Court of Justice 1969, North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark and Federal Republic of Germany/Netherlands), [1969] ICJ Rep 3, 20 February 1969. ICRC Opinion Paper, March 2008, available at: http://www.icrc.org (last visited 9 March 2011), emphasis in original. 62 Customary Law Study, Rule 100. UNGA (ILC) 2006, para 14.2(5). Therefore, the notion of intensity demanded by AP II elevates the minimum threshold of protracted armed violence to prolonged or sustained protracted armed violence. Military Court of Cassation - Paras 1 to 7, APPLICABILITY OF COMMON ARTICLE 3 AND OF PROTOCOL II [. to include the whole territory of the State in which hostilities are taking place []. Moyo, Nkosana Common Article 3 of the Geneva Conventions and Additional Protocol II refer to "armed forces" and Additional Protocol II also to "dissident armed forces and other organized armed groups". 109 MPC. taking no part in hostilities, but applies above all to civilians, i.e. Therefore, it is possible that the armed forces belonging to the territorial State on whose territory a conflict is occurring may operate under the law of international armed conflict or the law of non-international armed conflict,37 10 For one view see Meron, Theodor, The humanization of humanitarian law, in American Journal of International Law, Vol. and Contracting Party (common Article 3 and Protocol II, Art. It is required that violence resulting from the fighting in an AP II-type armed conflict is prolonged and therefore that the military operations are ongoing for some period of time. Therefore, all conflicts occurring between two States are international in character. Geiss, Robin Case law takes into consideration only clear-cut situations. Correspondence to 63 In international armed conflicts, the judicial guarantees of prisoners of war and civilians are provided for in the Third and Fourth Geneva Conventions, respectively. In: Wilmhurst E (ed) International law and the classification of conflicts. It therefore considered that it was not sufficient to apply common Article 3 and to take it for granted that AP II automatically was applicable to the situations before it.135 Cookie Settings. hasContentIssue true, Copyright International Committee of the Red Cross 2011. ranks belonging to the armed forces under the military command of either of the belligerent It is evident that the notion of intensity inherent in AP II requires protracted armed violence, but what is questionable is whether Article 1(1) necessitates something more than protracted armed violence alone. Rwanda. particular the Prosecutor of the ICTR lodged an appeal). ICTY Tadic 1995, Prosecutor v. Tadic, Case No IT-94-1-AR72, Decision on Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995, paras 127 and 130 [hereafter ICTY Tadic 1995]. See also Vit 2009, p. 76 and Tahzib-Lie and Swaak-Goldman 2004, p. 249. Published online by Cambridge University Press: At least, the requirement of the ability of an organized armed group to launch sustained and concerted military operations relates to the notion of intensity.21. It was published as Annex 1 to the ICRC's Report on International humanitarian law and the challenges of contemporary armed conflicts presented to the 30th International Conference of the Red Cross and Red Crescent held in Geneva in 2007. It was in his capacity as a public servant that N. summoned the men of his commune to 12 See How is the Term Armed Conflict Defined in International Humanitarian Law? Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. At present, 168 States are party to Additional Protocol I and 164 States to Additional Protocol II, this still places the 1977 Additional Protocols among the most widely accepted legal instruments in the world. See also Article 35 of Additional Protocol I: In any armed conflict, the right of the Parties to the conflict to choose methods and means of warfare is not unlimited. Geneva Conventions (1949), Common Arts. In: Lijnzaad L, van Sambeek J, Tahzib-Lie B (eds) Making the voice of humanity heard. Explanations of Vote on Protocol II 1978, Belgium, VII Official records of the diplomatic conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts, Geneva, 19741977, Federal Political Department, Bern, 1978, Annex, p. 76. A number of points Keywords: international humanitarian law; threshold of applicability; non-international armed confllict, Suggested Citation: notion, which common Article 3 does not define in detail, implies a situation in which A Preambular paragraph 2 of the Second Additional Protocol establishes the link between that Protocol and human rights law by providing that international instruments relating to human rights offer a basic protection to the human person. 4. ICTY Nikolic 1995, Prosecutor v. Nikolic, Case No IT-95-2-R61, Review of Indictment Pursuant to Rule 61, Trial Chamber, 20 October 1995 [hereafter ICTY Nikolic 1995]. 32 For a detailed overview of the drafting history of Common Article 3, see Anthony Cullen, The Concept of Non-international Armed Conflict in International Humanitarian Law, Cambridge University Press, Cambridge, 2010. para. Essays in honour of Frits Kalshoven. From this point on, both common Article 3 and AP II applied to the conflict as the intensity threshold had been met.152, As is the case in the determinations of the ICTR and the SCSL, most scholars agree that AP II necessitates a higher degree of intensity than does common Article 3.153 See discussion in Boelaert-Suominen 2000a, p. 87. The purpose of the minimum threshold of violence test enshrined in the notion of intensity under AP II is to identify two scenarios: situations that are regulated by domestic and human rights law (as depicted in Article 1(2) and excluded from the ambit of AP II) and conflicts that are regulated by AP II (arguably, the notion determined by Article 1(1) of AP II). 23 Even if a situation is interpreted as not sufficiently prolonged to qualify as sustained military operations under Article 1(1) of AP II owing to the absence of a metric, the corpus of customary IHL, which includes the majority of rules codified in AP II, is triggered once the lower-intensity threshold of protracted armed violence is met and the sufficient degree of organization is satisfied. According to Lewis, jurisprudence illustrates that the duration dimension is often factored into the broader analysis of the intensity of hostilities as but a single criterion which is taken into account in the assessment of the existence of a non-international armed conflict.62 and 87, No. Nevertheless, sustained military operations should be conducted at least frequently or frequently enough not to be sporadic in nature.123 It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders of a single country. See United Nations Secretary-General 1998, Minimum Humanitarian Standards: Analytical Report of the Secretary-General Submitted pursuant to Commission on Human Rights Resolution 1997/21, UN Doc E/CN.4/1998/87, 12 January 1998, para 74 and Ambos 2001, p. 338. Gyapong, John https://doi.org/10.1007/978-94-6265-008-4_2, DOI: https://doi.org/10.1007/978-94-6265-008-4_2, Publisher Name: T.M.C. The application of common Article 3 is triggered once an armed conflict not of an international character comes into existence.10 See also the review of the case-law in ICTY Haradinaj 2008, Prosecutor v. Haradinaj et al., Case No IT-04-84-T, Judgment, Trial Chamber, 3 April 2008, paras 3960 [hereafter ICTY Haradinaj 2008]. Their armed forces should be under a responsible command and be capable of meeting minimal humanitarian requirements. Asser Press, The Hague. 230231. 2(f) did not create a third category of NIAC but that this expanded notion of armed conflict replaces that of Additional Protocol II by operation of the lex posterior principle (Eric David, Principes de droit des conflits arms, Bruylant, Brussels, 2002, p. 119). 2(2) and Art. The Trial Chamber formulated the requirement as follows: [T]hese dissident armed forces must be able to dominate a sufficient part of the territory as to maintain these sustained and concerted military operations and the insurgents must be in a position to implement this Protocol.108. Types vary greatly and include traditional civil wars or internal armed conflicts that spill over into other States, as well as internal conflicts in which third-party States or multinational forces intervene alongside the government. Acts may both constitute the objective element and be evidence of subjective element in the same time. ), Commentary to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (hereafter GC IV Commentary), ICRC, Geneva, 1958, p. 36: Speaking generally, it must be recognized that the conflicts referred to in Article 3 are armed conflicts, with armed forces on either side engaged in hostilities conflicts, in short, which are in many respects similar to an international war, but take place within the confines of a single country. The corpus of customary law includes the rules of AP II that have achieved customary international law status. Origines et volution de la rglementation internationale. He moved freely through road-blocks and his wife had even been recognized as 1(2) of Protocol II). Henckaerts and Doswald-Beck 2005, p. xlii. Fukuda-Parr, Sakiko ICTY Boskoski and Tarculovski 2008, Prosecutor v. Boskoski and Tarculovski, Case No IT-04-82-T, Judgment, Trial Chamber, 10 July 2008, para 186 [hereafter]. Eur J Int Law 9:18, Meron T (2000) The humanization of humanitarian law. 15 Convention on the Safety of United Nations and Associated Personnel, available at: http://www.un.org/law/cod/safety.htm (last visited 3 March 2011). IV of 1907. From Criminal Defense Wiki. International humanitarian law (IHL) is based on the premise that armed conflicts can be categorised as either international under Common Article 2 of the Geneva Conventions or Article 1(4) of Additional Protocol I or non-international under Common Article 3 of the Geneva Conventions and/or Article 1 of Additional Protocol II. This requirement sets a very high threshold of intensity that situations would have to satisfy in order to be classed as AP II-type armed conflicts. Tahzib-Lie and Swaak-Goldman 2004, p. 243. In this context, the adjective continu is synonymous in meaning to the English words continuous, constant or unremitting, emphasizing the temporal rather than spatial dimension of this term.95 The ICRC Commentaries confirm the literal interpretation of the English and French textsnamely, that the term sustained necessitates an element of the prolongation of violence resulting from the conflict, that the violence must be intense, and that such intensity must be ongoing over a period of time.96 (Commentary on the Additional Protocols of 8 June The ordinary meaning of concerted essentially relates to the organizational ability of the organized armed group to plan sustained operations, and this will not be discussed here in further detail.75 did not perceive him as a member of the opposition. On that question in Standard minimum rules for the treatment of prisoners, and the Body of principles for the protection of all persons under any form of detention or imprisonment. As its first Article explains, Additional Protocol II addresses the protection of victims of armed conflicts that "take place in the territory of a . 51 See Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, ICRC/Martinus Nijhoff Publishers, Geneva, 1987, Commentary on Additional Protocol I, Art. 4 of Protocol II must be. 16. For an earlier discussion on the adjective protracted and its use by the ICTY, see Tahzib-Lie and Swaak-Goldman 2004, p. 248. International Committee of the Red Cross, Working Paper, 29 June 1999 (submitted by the ICRC as a reference document to assist the Preparatory Commission in its work to establish the elements of crimes for the ICC) (italics in original).
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