For Article 3 to apply, two preliminary requirements need to be fulfilled, namely there must be an armed conflict and the crime must be closely related to that armed conflict (“nexus requirement”). IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, para. "The Majority recalls that a crime has taken place in the context of, or in association with, an armed conflict where 'the alleged crimes were closely related to the hostilities'." " In the Garda case, the Pre-Trial Chamber explained that Accordingly, a single act could also amount to a war crime within the jurisdiction of the Court if it was committed in the context of and was associated with an armed conflict." The article therefore does not articulate a strict requirement for the exercise of the Court’s jurisdiction over war crimes only in these circumstances, but only gives "a particular guideline for the Court". ![]() "Furthermore, article 8(1) of the Statute states that the Court "shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes". In the Mbarushimana Decision on the Confirmation of Charges, the Pre-Trial Chamber held that: ![]() The conduct took place in the context of and was associated with an armed conflict not of an international character.
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