A controversial issue in international humanitarian law is whether violations of norms applicable in internal armed conflicts constitute criminal offences under international law and can be adjudicated as such. The International Criminal Tribunal for the former Yugoslavia (ICTY) recently faced this question in the context of a preliminary motion lodged by the Defence alleging lack of jurisdiction in the Tadić case. The indictment against Dusko Tadić charges the accused, inter alia, with violating the laws or customs of war, ‘recognised by Article 3 of the Statute of the Tribunal and Article 3(1 )(a) of the Geneva Conventions of 1949’ (Article 3 common to the Geneva Conventions enumerates prohibitions applicable in conflicts not of an international character).