Kosovo/Kosova As Seen, As Told 23 ICRC Commentaries to Common Article 3 of the 1949 Geneva Conventions evoke certain criteria for application of Common Article 3 in conflicts of a non-international character, including: “That the Party in revolt against the de jure Government possesses an organized military force, an authority responsible for its acts, acting within a determinate territory and having the means of respecting and ensuring respect for the Convention”. 24 OSCE, “Agreement on the OSCE Kosovo Verification Mission”, Belgrade, 16 October 1998. 25 Tadic case, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995, IT-94– 1-AR72. 26 International Criminal Tribunal for the former Yugoslavia, “Indictment of Milosevic & Others (‘Kosovo’)”, IT99-37, 24 May 1999, para. 8.1. For a more thorough analysis of the existence of an armed conflict in Kosovo, see No Peace Without Justice, “Report on Serious Violations of International Humanitarian Law in Kosovo in 1998”, February 1999. 27 OSCE/ODIHR, “Report on the Human Rights Tasks of the OSCE-KVM – The First 60 Days of the Mission (16 Oct.–15 Dec. 1998)”, Warsaw, 7 January 1999. 28 OSCE-KVM, Human Rights Division (HQ), Meeting Report, “Record of Meeting on 18 Feb. 1999 with the Zone Commander and the Military Police Chief of the UCK in Llapashtica (Podujevo) Regarding Detention Visits” (internal document). Meeting report Podujevo – no date. For further detail see section Chapter 9, Arbitrary arrest and detention. OSCE-KVM did gain access to a group of alleged detainees in Gornja/Lapastica Llapashtica. 29 OSCE-KVM, Human Rights Division (RC5), “Daily Sitrep 5/3/99” (internal document). 30 OSCE-KVM, Human Rights Division (RC5), Meeting Report, “Meeting at the District Court of Pristina on 3/3/99 9–11 hrs”. (internal document). 31 OSCE-KVM, Human Rights Division (RC5), “Daily Sitrep 7/3/99” (internal document). 32 OSCE-KVM, Human Rights Division (RC5), “Weekly Report 6–12 Mar. 1999” (internal document). 33 OSCE-KVM, Human Rights Division, Human Rights Officer. 34 See also Chapter 9, Missing persons. 35 See Annex to this report. http://www.osce.org/kosovo/documents/reports/hr/part1/ch2.htm (15 of 16)12/5/2003 11:48:40 AM