33 79. The Defence concedes that if the correct test were the “demonstrable link” test, on the facts of this case the test would be satisfied. 100 B. Discussion 1. The Requirements for the Applicability of Article 2 of the Statute 80. Article 2 of the Statute embraces various disparate classes of offences with their own specific legal ingredients. The general legal ingredients, however, may be categorised as follows. (i) The nature of the conflict. According to the interpretation given by the Appeals Chamber in its decision on a Defence motion for interlocutory appeal on jurisdiction in the present case, 101 the international nature of the conflict is a prerequisite for the applicability of Article 2. (ii) The status of the victim. Grave breaches must be perpetrated against persons or property defined as “protected” by any of the four Geneva Conventions of 1949. To establish whether a person is “protected”, reference must clearly be made to the relevant provisions of those Conventions. 81. In the instant case it therefore falls to the Appeals Chamber to establish first of all (i) on what legal conditions armed forces fighting in a prima facie internal armed conflict may be regarded as acting on behalf of a foreign Power and (ii) whether in the instant case the factual conditions which are required by law were satisfied. 82. Only if the Appeals Chamber finds that the conflict was international at all relevant times will it turn to the second question of whether the victims were to be regarded as “protected persons”. 100 See Defence’s Substituted Response to Cross-Appellant’s Brief, paras. 2.1 – 2.18; T. 219-220 (21 April 1999). 101 See “Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction”, The Prosecutor v. Du{ko Tadi}, Case No.: IT-94-1-AR72, Appeals Chamber, 2 October 1995 (“Tadi} Decision on Jurisdiction”), paras. 79-84 (Tadi} (1995) I ICTY JR 353). Case No.: -94-1-A 15 July 1999