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This determination was at issue because the prosecutable crimes listed in Article 2 of the ICTY Statute (Grave Breaches of the Geneva Conventions) could be applied to a defendant only if the nature of the conflict (in which he or she stood accused of committing Grave Breaches) was international in nature. 80 Under international law, a conflict can be classified as international (versus internal) in nature only where there is ongoing conflict and violence between two states. 81 The key question then is to determine whether the forces engaged against one another represent two or more states.
Publisher: Gale, Making of Modern Law (September 4, 2013)
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