Table of contents:
Element:
P.11. Evidence inferred from an utterance, a document or a deed.
A. Legal source/authority and evidence:
A. Legal source/authority and evidence:
Prosecutor v. Mladen Naletilić and Vinko Martinović, Case No. IT-98-34-T, Judgement (TC), 31 March 2003, paras. 160, 311:
"160. Prisoners of war may be compelled to do agricultural work, work connected with the camp administration and maintenance or work in some industries, but they cannot be forced to do work of military character. (Articles 50 and 52, Geneva Convention III, Naletilic Trial Judgement, paras 255 and 256)."
"311. The Prosecution adduced evidence with regard to another incident that took place around 7 July 1993. Witness SS testified that he was among the prisoners made to turn an abandoned house849 into the Vinko [krobo ATG's Headquarters.850 The Chamber is satisfied that compelling prisoners of war to turn a private property into a military headquarters does amount to unlawful labour as it falls under the category of labour, which is only authorised provided that it has no military character or purpose.851 In the present case, the setting up of a military headquarters clearly has a military purpose and would therefore only be lawful if the prisoners gave their consent. In this respect, witness SS testified that he acted on orders and that the prisoners were under guard while they were working. He also stated that earlier that day, a prisoner had been severely beaten.852 The Chamber is satisfied that in these circumstances, the witness was not in a position to refuse to perform the labour he was ordered to do."
849. Witness M confirmed that [tela's command was located in the house of the Kajtaz family, T 1680. See also Defence witness ML, T 14433.
850. Witness SS testified that "they probably intended to turn that apartment into his office. And we were ordered to throw out all the belongings that were in that apartment, and it was a very well-furnished apartment indeed. They told us not to touch one room only where they had some leather furniture. I entered that room two or three times on that day. And [tela stayed in that room, and he and a few of his soldiers had some alcoholic beverages in it. All the other belongings from that apartment, we had to take out, and we loaded it into a truck in front of the building, that same blue truck that we were brought in on. And that truck went in the direction of Siroki Brijeg. And about 5, 6 kilometres before Mostar, we threw all those things off the truck down a slope," witness SS, T 6556.
851. The issue as to whether this act also amounts to plunder is discussed in the relevant section. See infra, para 623.
852. See infra para 385.
Prosecutor v. Anto Furundija, Case No. IT-95-17/1-T, Judgement (TC), 10 December 1998, para. 174:
"174. . . [and act] accomplished by force or threats of force against the victim or a third person, such threats being express or implied [which] place the victim in reasonable fear that he, she or a third person will be subjected to violence, detention, duress or psychological oppression."
[B. Evidentiary comment:]
A. Legal source/authority and evidence:
UNICEF, Adult War, Child Soldiers: Voices of Children Involved in Armed Conflict in the East Asia and Pacific Region, 2002, p. 24:
Mark Iacono, "The Child Soldiers of Sierra Leone: Are They Accountable for Their Actions in War?" 26 Suffolk Transnatl L. Rev. 445, p. 448:
"[FN22]. See Schuler, supra note 3, at 1 (explaining how RUF rebels spare childs life if child committed acts of violence). Rebels demanded an eight-year-old boy slit his fathers throat or face death along with his parents. Id. At his fathers request, the boy did as the rebels instructed. Id."
[B. Evidentiary comment:]
UNICEF, Adult War, Child Soldiers: Voices of Children Involved in Armed Conflict in the East Asia and Pacific Region, 2002, p. 24:
[B. Evidentiary comment:]
The Impact of Armed Conflict on Children, United Nations General Assembly, A/51/306.Add1, 06 Sep. 1996, p.6:
"This form of press ganging, know in Ethiopia as "afesa", was prevalent there in the 1980s, when armed militia, police or army cadres would roam the streets picking up anyone they encountered. [ ] In Myanmar, whole groups of children from 15 to 17 years old have been surrounded in their schools and forcibly conscripted".
[B. Evidentiary comment:]
P.11.5. Evidence inferred from voluntary service amounting to compelling.
A. Legal source/authority and evidence:
In re: Weizsaecker and Others, US Military Tribunal at Nuremberg, 14 April 1949 (1955) 16 Ann. Digest 344, at 357:
"it is not illegal to recruit prisoners of war who volunteer to fight against their own country, but pressure or coercion to compel such persons to enter into the armed forces obviously violates international law."
[B. Evidentiary comment:]
P.12. Evidence inferred from a circumstance.
P.12.1. Evidence inferred from the person being a POW.
A. Legal source/authority and evidence:
Prosecutor v. Mladen Naletilić and Vinko Martinović, Case No. IT-98-34-T, Judgement (TC), 31 March 2003, paras. 160, 311:
"160. Prisoners of war may be compelled to do agricultural work, work connected with the camp administration and maintenance or work in some industries, but they cannot be forced to do work of military character. (Articles 50 and 52, Geneva Convention III, Naletilic Trial Judgement, paras 255 and 256)."
"311. The Prosecution adduced evidence with regard to another incident that took place around 7 July 1993. Witness SS testified that he was among the prisoners made to turn an abandoned house849 into the Vinko [krobo ATG's Headquarters.850 The Chamber is satisfied that compelling prisoners of war to turn a private property into a military headquarters does amount to unlawful labour as it falls under the category of labour, which is only authorised provided that it has no military character or purpose.851 In the present case, the setting up of a military headquarters clearly has a military purpose and would therefore only be lawful if the prisoners gave their consent. In this respect, witness SS testified that he acted on orders and that the prisoners were under guard while they were working. He also stated that earlier that day, a prisoner had been severely beaten.852 The Chamber is satisfied that in these circumstances, the witness was not in a position to refuse to perform the labour he was ordered to do."
849. Witness M confirmed that [tela's command was located in the house of the Kajtaz family, T 1680. See also Defence witness ML, T 14433.
850. Witness SS testified that "?t?hey probably intended to turn that apartment into his office. And we were ordered to throw out all the belongings that were in that apartment, and it was a very well-furnished apartment indeed. They told us not to touch one room only where they had some leather furniture. I entered that room two or three times on that day. And [tela stayed in that room, and he and a few of his soldiers had some alcoholic beverages in it. All the other belongings from that apartment, we had to take out, and we loaded it into a truck in front of the building, that same blue truck that we were brought in on. And that truck went in the direction of Siroki Brijeg. And about 5, 6 kilometres before Mostar, we threw all those things off the truck down a slope," witness SS, T 6556.
851. The issue as to whether this act also amounts to plunder is discussed in the relevant section. See infra, para 623.
852. See infra para 385.
[B. Evidentiary comment:]
