5.a.. [Mental Element for Element 3] [Conduct of moving one or more civilians or other persons protected under the international law of armed conflict]: The perpetrator meant to engage in the conduct of moving one or more civilians or other persons protected under the international law of armed conflict or otherwise take advantage of their location

P.10. Evidence inferred from an utterance, a document, or a deed.

P.10.1. Evidence that the perpetrator ordered the use of human shields.

P.11. Evidence inferred from a circumstance.

P.11.1. Evidence of approval of the use of human shields manifested through perpetrator’s passive presence.

5.a.. [Mental Element for Element 3] [Conduct of moving one or more civilians or other persons protected under the international law of armed conflict]: The perpetrator meant to engage in the conduct of moving one or more civilians or other persons protected under the international law of armed conflict or otherwise take advantage of their location

P.10. Evidence inferred from an utterance, a document, or a deed.

P.10.1. Evidence that the perpetrator ordered the use of human shields.

A. Legal source/authority and evidence

"290. As far as Vinko Martinovic’s direct responsibility is concerned, the prisoners involved in the wooden rifle incident all testified that Vinko Martinovic himself issued the instructions to them.⁸⁰⁶ On this basis, the Chamber is satisfied that on 17 September 1993, he directly ordered that the four selected prisoners be used as human shields in the conditions described above. The Chamber finds that the responsibility of Vinko Martinovic is most appropriately described under Article 7(1) of the Statute."

"806. Witness PP, T 6086, 6088; witness OO, T 5976-5978; witness J, T 1547-1548."

Prosecutor v. Tihomir Blaškić, Case No. IT-95-14-T, Judgement (TC), 3 March 2000, paras. 742 – 743:

"iii) Inhuman and cruel treatment: human shields (counts 19 and 20)

742. On 20 April 1993, 247 detainees were in front of the Hotel Vitez, General Blaškić’s headquarters in Vitez. Despite his presence in the building for a large part of the afternoon, the accused claimed that he knew nothing of it ¹⁶⁶⁰ . However, there were many HVO soldiers in and around the Hotel whose frontage was glass ¹⁶⁶¹ . One of the soldiers said to one of the detainees in front of the Hotel that he would go and tell the commander ¹⁶⁶² . Moreover, the officer responsible for operations under General Blaškić, Slavko Marin, implicitly admitted that the civilians from Gacice village were put in danger ¹⁶⁶³ . Finally, the Trial Chamber recalls that on 20 April 1993 the ABiH set in motion an extremely threatening offensive of which General Blaškić was well aware.

743. The Trial Chamber is therefore convinced beyond all reasonable doubt that on 20 April 1993 General Blaškić ordered civilians from Gacice village to be used as human shields in order to protect his headquarters."

B. [Evidentiary comment:]

P.11. Evidence inferred from a circumstance.

P.11.1. Evidence of approval of the use of human shields manifested through perpetrator’s passive presence.

A. Legal source/authority and evidence

Prosecutor v. Zlatko Aleksovski, Case No. IT-95-14/1-T, Judgement (TC), 25 June 1999, para. 129:

"129. Likewise, by his attitude towards Witness Novalic and his passive presence when the detainees were taken away to serve as human shields, he manifested his approval of this practice and contributed substantially to the commission of the crime. Consequently the Trial Chamber finds the accused responsible under Article 7(1) for having aided and abetted in the use of detainees as human shields and for trench-digging."

B. [Evidentiary comment:]