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1、PRELIMINARY TYPEOF11. the ernational existed in Kebia commenced in The ICC t an exists whenever there is protracted ernmental authorities anised armed groups or nadic.2 The and such groups In Lubanga, which had confirmed focusesPRELIMINARY TYPEOF11. the ernational existed in Kebia commenced in The I

2、CC t an exists whenever there is protracted ernmental authorities anised armed groups or nadic.2 The and such groups In Lubanga, which had confirmed focuses on two aspects of : ensity of of the partiesto (1) ensity requirement was satisfied. To define ensity needs A length or protracted nature of an

3、d seriousness and increase in ; spread of clashes over the territory; increase in number ernment ;weapons used by the both sides. By the end of June in 2008, the ernment dispatched several AAF units under d of General Reed. On 5 July,DKFsunitstook overernmentbuildingsinvariouspartsKebia.5 This indic

4、ates t there was aspread of clashes over the 1 ; , 2AnexistswheneverthereisaresorttoarmedforcenS esorprotractedn anizedarmedgroupsornsuchgroupswithinaS AppealJudgement,para.3 175RutagandaTrailJudgmentICTRpara93 para后面缩写要加点，再检查一4MilosevicRule98bis 5Mootproblem,and ernments of both sides had increased

5、 increase the number of the n the DKF and the AAF lasted for k.6 . s PABdweaponstoDKF,thusbothsideshad(2) anization requirement was satisfied. In deciding anization parties, ICTYTrial Chambers haveconsidered some criteria.There areseveral acting within and ernments of both sides had increased increa

6、se the number of the n the DKF and the AAF lasted for k.6 . s PABdweaponstoDKF,thusbothsideshad(2) anization requirement was satisfied. In deciding anization parties, ICTYTrial Chambers haveconsidered some criteria.There areseveral acting within a determinate territory;7 a d structure; general s ern

7、ing body;abilitytorecruit newof weaponsand In this case, there were two sides of which happened in the Kebia re as the AAF, in charge of General Reed. Another was the established and leaded by Bing. To form DKF, Bing recruited people with the support of ernment. Moreover, both sides had weapons. As

8、an forced anization, the AAF had weapon Bethuis. Considering the facts above, the ability to recruit the new members, determinate ch as drones. So did d satisfied the criteria such as of weapons, acting within 2. The ernational o ernational until the PAB sent 2000 troops to support DKF. It is t n tw

9、o or more es.9 ernational if it takes place addition, in case of ernal breaking out on the territory of a it eernational if (i) another ethrough 67 ,8 9 troops, or alternativelyif(ii) someoftheernal on behalf totherBoth conditionshis(1) troops. An ervened significantly and through ernal could be ern

10、ational if and continuously”.11 The DKF, together with the PAB, had control over Kiesh andtroops, or alternativelyif(ii) someoftheernal on behalf totherBoth conditionshis(1) troops. An ervened significantly and through ernal could be ernational if and continuously”.11 The DKF, together with the PAB,

11、 had control over Kiesh andtheeastern part of Kebiawithin 3dayssince Bethuissent troopsfrom the PABto supportthe DKF.12 Before the 2000 troopsfrom thePABto support the DKF, had already lasted for k. We should t the ervention hadcaused a significant effect onthevictoryoftheBesides, the ervention of t

12、he Bethuis was continually. ervention Bethuis had lasted for such a long support to theDKF insince t (2)The the ernal acted on behalf of Bethuis. Inin which an s can be attributed to a e, the Tadic in its Appeal court es the overall control” test. The control required ernational law may be deemedto

13、exist when a e hecontext of an , the Party to the military actions of )has a role anizing, coordinating or military group, in addition to financing, training or providingoperationalsupporttBethuis had an overall control on the ly, Bing had close relations ernment and had been discussing the future o

14、f his Movement RajicCase, ReviewoftheIndictmentPursuanttoRule61,Mootproblem,TadicAppealJudgment,ICTY,para.137;seealsopara.120and131.SeealsoNaletilicTrialJudgment,ernment ls.Binghadbeen grantedtheofhePAB.Berthuis has considered Keb DKF had receiveda “lost province” since its independence. weapons and

15、ernment ls.Binghadbeen grantedtheofhePAB.Berthuis has considered Keb DKF had receiveda “lost province” since its independence. weapons and convert support from dSPECIFIC hiscase, there were two sides of which he as the AAF, which wasin chargeof GeneralReed, another was the DKF, was established and leaded by Bing. It satisfied the criterion acting within