Thus, as concerns the nexus between the armed conflict and the alleged crimes, it is not necessary to prove that combat took place at the sites where the crimes were allegedly committed. International humanitarian law is applicable throughout the territory controlled by a party or on the territory of the belligerent States regardless of whether or not actual combat is ongoing. Accordingly, a single act could also amount to a war crime within the jurisdiction of the Court if it was committed in the context of and was associated with an armed conflict." The article therefore does not articulate a strict requirement for the exercise of the Court’s jurisdiction over war crimes only in these circumstances, but only gives "a particular guideline for the Court". "Furthermore, article 8(1) of the Statute states that the Court "shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes". In the Mbarushimana Decision on the Confirmation of Charges, the Pre-Trial Chamber held that:
The conduct took place in the context of and was associated with an international armed conflict.
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