law;
d. subject to the provisions of Article 59, [.e. that only the parties bound
International Law
Internal Armed Conflict. The term internal armed conflict refers to all
armed conflicts that can not be characterized as either international armed
conflicts or wars of national liberation.[9] Protocol II provides that
internal armed conflicts must take place in the territory of a High
Contracting Party between its armed forces and dissident armed forces or
other organized armed groups which, under responsible command,
exercise such control over a part of its territory as to enable them to carry
out sustained and concerted military operations and to implement
(Protocol II).[10] The ICTY Appeals Chamber has further refined this
definition, inter alia, in its landmark decision, Prosecutor v. Dusko Tadic
a/k/a Dule.[11]
Facts:
2. Persons of one Party present in the territory of the other shall not,
absent the express consent of the first Party,
5. This Agreement shall remain in force until one year after the date
on which one party notifies the other of its intent to terminate the
Agreement. The provisions of this Agreement shall continue to
apply with respect to any act occurring, or any allegation arising,
before the effective date of termination.
The Court is not persuaded. Suffice it to state in this regard that the
non-surrender agreement, as aptly described by the Solicitor
General, is an assertion by the Philippines of its desire to try and
punish crimes under its national law. x x x The agreement is a
recognition of the primacy and competence of the countrys
judiciary to try offenses under its national criminal laws and
dispense justice fairly and judiciously.