4. The perpetrator made such use for combatant purposes42 in a manner prohibited by the international law of armed conflict.

42. "Combatant purposes’ in these circumstances means purposes directly related to the hostilities and not including medical, religious or similar activities.

4.1. The perpetrator made such use for combatant purposes.

P.13. Evidence that the perpetrator used a protected building as a depot.

P.14. Evidence that the perpetrator used a protected building as a military office.

P.15. Evidence that the perpetrator used a protected building as an observation post.

P.16. Evidence that the perpetrator fired from a building displaying the Red Cross emblem.

P.17. Evidence that the perpetrator used a hospital aircraft to facilitate the escape of combatants.

4.2. The perpetrator made such use in a manner prohibited by the international law of armed conflict.

4. The perpetrator made such use for combatant purposes42 in a manner prohibited by the international law of armed conflict.

4.1. The perpetrator made such use for combatant purposes.

P.13. Evidence that the perpetrator used a protected building as a depot.

A. Legal source/authority and evidence:

M. Cottier, "Article 8" in Otto Triffterer, ed., Commentary on the Rome Statute of the International Criminal Court (1999), margin number 80:

The US Army Field Manual’s list of examples of "improper uses" of Geneva Convention symbols include using a hospital or another building accorded such protection as an observation post or military office or depot, firing from a building or tent displaying the emblem of the Red Cross, using a hospital aircraft to facilitate the escape of combatants, or displaying the emblem on a vehicle containing ammunition or other non-medical stores.¹⁰¹

"101. US Department of the Army, Field Manual- The Law of Land Warfare, FM 27-10 (1956), No. 55"

P.14. Evidence that the perpetrator used a protected building as a military office.

A. Legal source/authority and evidence:

M. Cottier, "Article 8" in Otto Triffterer, ed., Commentary on the Rome Statute of the International Criminal Court (1999), margin number 80:

The US Army Field Manual’s list of examples of "improper uses" of Geneva Convention symbols include using a hospital or another building accorded such protection as an observation post or military office or depot, firing from a building or tent displaying the emblem of the Red Cross, using a hospital aircraft to facilitate the escape of combatants, or displaying the emblem on a vehicle containing ammunition or other non-medical stores.¹⁰¹

"101. US Department of the Army, Field Manual- The Law of Land Warfare, FM 27-10 (1956), No. 55"

P.15. Evidence that the perpetrator used a protected building as an observation post.

A. Legal source/authority and evidence:

M. Cottier, "Article 8" in Otto Triffterer, ed., Commentary on the Rome Statute of the International Criminal Court (1999), margin number 80:

The US Army Field Manual’s list of examples of "improper uses" of Geneva Convention symbols include using a hospital or another building accorded such protection as an observation post or military office or depot, firing from a building or tent displaying the emblem of the Red Cross, using a hospital aircraft to facilitate the escape of combatants, or displaying the emblem on a vehicle containing ammunition or other non-medical stores.¹⁰¹

"101. US Department of the Army, Field Manual- The Law of Land Warfare, FM 27-10 (1956), No. 55"

P.16. Evidence that the perpetrator fired from a building displaying the Red Cross emblem.

A. Legal source/authority and evidence:

M. Cottier, "Article 8" in Otto Triffterer, ed., Commentary on the Rome Statute of the International Criminal Court (1999), margin number 80:

The US Army Field Manual’s list of examples of "improper uses" of Geneva Convention symbols include using a hospital or another building accorded such protection as an observation post or military office or depot, firing from a building or tent displaying the emblem of the Red Cross, using a hospital aircraft to facilitate the escape of combatants, or displaying the emblem on a vehicle containing ammunition or other non-medical stores.¹⁰¹

"101. US Department of the Army, Field Manual- The Law of Land Warfare, FM 27-10 (1956), No. 55"

P.17. Evidence that the perpetrator used a hospital aircraft to facilitate the escape of combatants.

A. Legal source/authority and evidence:

M. Cottier, "Article 8" in Otto Triffterer, ed., Commentary on the Rome Statute of the International Criminal Court (1999), margin number 80:

The US Army Field Manual’s list of examples of "improper uses" of Geneva Convention symbols include using a hospital or another building accorded such protection as an observation post or military office or depot, firing from a building or tent displaying the emblem of the Red Cross, using a hospital aircraft to facilitate the escape of combatants, or displaying the emblem on a vehicle containing ammunition or other non-medical stores.¹⁰¹

"101. US Department of the Army, Field Manual- The Law of Land Warfare, FM 27-10 (1956), No. 55"

4.2. The perpetrator made such use in a manner prohibited by the international law of armed conflict.