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Elizabeth Santalla Vargas

Prosecutor v Boškoski (Ljube) and Tarčulovski (Johan), Judgment, Case No IT-04-82-T, ICL 731 (ICTY 2008), 10th July 2008, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]; Trial Chamber II [ICTY]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 14 August 2020

Whether activities of a terrorist nature of non-state armed groups could be considered in assessing the requisite level of intensity for determining the existence of a non-international armed conflict.

What factors favoured a determination of a certain control exerted by the group for establishing the requisite level of organization of a party to the conflict, in particular whether a pattern of serious violations of international humanitarian law ran counter, per se, to a finding of such a requisite level.

Whether the mens rea of offences under Article 3 of the Statute of the International Criminal Tribunal for the former Yugoslavia required knowledge of, or reason to know, the factual circumstances denoting the existence of an armed conflict.

What considerations were relevant to distinguish law enforcement from military operations triggering the applicability of international humanitarian law.

Whether the duty to punish under superior responsibility could be fulfilled by having knowledge of an active investigation that was reasonably conducive to prosecution of crimes committed by subordinates, irrespective of the effectiveness or outcome of such an investigation.

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