Table of contents:
Element:
A. Evidentiary comment:
The requirement to be "aware of the factual circumstances" has also been used in other parts of the Statute. Werle analyzed article 8(2)(a)s requirement that the perpetrator has to as to the knowledge of a "protected person" criterion as meaning "it is not necessary for the perpetrator to have correctly assessed the protected status of a person, for example "a civilian" or "wounded combatant," under international humanitarian law; it suffices for him or her to have been aware of the factual circumstances upon which the legally protected status was based, for example non-participation in combat (for civilians) or inability to continue participating in combat (for wounded combatants)". (G. Werle, Principles of International Criminal Law, para. 309). Thus, no legal knowledge relating to the protection to which the personnel and objects of the attack were entitled to is needed.
P.36. Evidence inferred from an utterance, a document or a deed.
