Prosecutor v Tadić — Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction

Set the modern test for the existence of a non-international armed conflict: 'protracted armed violence between governmental authorities and organised armed groups or between such groups within a State'. Two cumulative elements — intensity of the violence and organisation of the parties — must be present. The controlling reference for any legal characterisation of the Eelam conflict as a NIAC, which forecloses the 'law enforcement against terrorism' framing in international legal terms for substantial periods.