151 pursuant to Article 2 of the Statute has not been contested by the parties". That point is not being considered. 5. As to the points which are being considered, I agree with the Appeals Chamber, and with Judge McDonald, that there was an international armed conflict in this case. I also appreciate the general direction taken by the judgement of the Appeals Chamber, but, so far as this case is concerned, I am unclear about the necessity to challenge Nicaragua (I.C.J Reports 1986, p. 14). I am not certain whether it is being said that that much debated case does not show that there was an international armed conflict in this case. I think it does, and that on this point it was both right and adequate. 1. The Issue 6. The issue in this branch of the case is whether, after 19 May 1992, there was an "armed conflict" between the Federal Republic of Yugoslavia (Serbia and Montenegro) (“FRY”) and Bosnia and Herzegovina (“BH”) within the meaning of Article 2, first paragraph, of the Geneva Convention relative to the Protection of Civilian Persons in Time of War ("Fourth Geneva Convention"). The provision states that "... the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties ...". There was no state of declared war. If also there was no "armed conflict" as between the FRY and BH (as the majority of the Trial Chamber seemingly thought), the Fourth Geneva Convention did not apply, and the question whether victims were protected persons within the meaning of Article 4, first paragraph, of the Convention did not arise, a question which the majority nevertheless answered. Persons could only be protected by the Convention if the Convention in the first instance applied to the armed conflict by which they were affected. 2. Nicaragua Shows That There Was an Armed Conflict Between the FRY, Acting Through the VRS, and BH 7. Ex hypothesi, an armed conflict involves a use of force. Thus, the question whether there was an armed conflict between the FRY and BH depended on whether the FRY was using force against BH through the Bosnian Serbian Army of the Republika Srpska ("VRS"). So, I turn to this question.