Portugal

Adaptation of Criminal Legislation to ICC Statute

Chapter 1
General provisions

Article 2
Definitions

For the purposes of the present law:

(a) An international armed conflict means a conflict which:

(i) Occurs between States, even without a formal declaration of war and even if the state of war is not recognised by one of them;
(ii) Relates to a situation of total or partial occupation of the territory of a State, even if this occupation meets with no armed resistance;
(iii) Arises from a situation in which peoples are fighting against colonial domination, alien occupation and segregationist regimes in the exercise of the right of peoples to self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States;

(b) An armed conflict of a non-international character means: a conflict that takes place on the territory of a State, which is sustained, and which occurs between governmental authorities and organized armed groups or among such groups, except for situations of internal disturbances and tensions, such as isolated and sporadic acts of violence or other acts of a similar nature;

Keywords

War crimes



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