Table of contents:
6.a.ii The perpetrator meant to use one or more persons to participate actively in hostilities.
P.13. Evidence inferred from a utterance, a document or a deed.
P.13.2. Evidence that the perpetrator meant to use one or more persons for scouting.
P.13.3. Evidence that the perpetrator meant to use one or more persons for spying.
P.13.4. Evidence that the perpetrator meant to use one or more persons for sabotaging.
P.13.5. Evidence that the perpetrator meant to use one or more persons as decoys.
P.13.6. Evidence that the perpetrator meant to use one or more persons as couriers.
P.13.7. Evidence that the perpetrator meant to place one or more persons on checkpoints.
P.13.8. Evidence that the perpetrator meant to use one or more persons to kill the adversary.
P.13.9. Evidence that the perpetrator meant to use one or more persons to rape.
P.13.10. Evidence that the perpetrator meant to use one or more persons as a porter.
P.13.12. Evidence that the perpetrator meant to use one or more persons to provide supplies.
P.13.13. Evidence that the perpetrator meant to use one or more persons as a sentry.
P.13.14. Evidence that the perpetrator meant to use one or more persons as a cook.
P.13.15. Not required: Evidence that the perpetrator meant to use force.
Element:
6.a.ii The perpetrator meant to use one or more persons to participate actively in hostilities.
P.13. Evidence inferred from a utterance, a document or a deed.
A. Legal source/authority and evidence:
Report of the Preparatory Committee on the Establishment of an International Criminal Court, A/CONE 183/2/Add.1 (14 April 1998), p. 21:
[B. Evidentiary comment:]
P.13.2. Evidence that the perpetrator meant to use one or more persons for scouting.
P.13.3. Evidence that the perpetrator meant to use one or more persons for spying.
P.13.4. Evidence that the perpetrator meant to use one or more persons for sabotaging.
P.13.5. Evidence that the perpetrator meant to use one or more persons as decoys.
P.13.6. Evidence that the perpetrator meant to use one or more persons as couriers.
P.13.7. Evidence that the perpetrator meant to place one or more persons on checkpoints.
A. Legal source/authority and evidence:
Report of the Preparatory Committee on the Establishment of an International Criminal Court, A/CONE 183/2/Add.1 (14 April 1998), p.21:
Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August, para. 4557:
"53 See, in particular, O.R. XV, pp. 65-69, CDDH/III/SR.45, paras. 11-31."
[B. Evidentiary comment:]
P.13.8. Evidence that the perpetrator meant to use one or more persons to kill the adversary.
P.13.9. Evidence that the perpetrator meant to use one or more persons to rape.
[B. Evidentiary comment:]
P.13.10. Evidence that the perpetrator meant to use one or more persons as a porter.
The Impact of Armed Conflict on Children, United Nations General Assembly, U.N. Doc. A/51/306.Add.1, 6 September 1996, p.7:
Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August, para. 4557:
"53 See, in particular, O.R. XV, pp. 65-69, CDDH/III/SR.45, paras. 11-31."
[B. Evidentiary comment:]
C. Pilloud and J. S. Pictet, Art. 75 in Commentary on the Additional Protocols, no. 3187:
Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August, para. 4557:
"53 See, in particular, O.R. XV, pp. 65-69, CDDH/III/SR.45, paras. 11-31."
[B. Evidentiary comment:]
P.13.12. Evidence that the perpetrator meant to use one or more persons to provide supplies.
Report of the Preparatory Committee on the Establishment of an International Criminal Court, A/CONE 183/2/Add.1 (14 April 1998), p.21:
C. Pilloud and J. S. Pictet, Art. 75 in Commentary on the Additional Protocols, no. 3187:
Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August, para. 4557:
"53 See, in particular, O.R. XV, pp. 65-69, CDDH/III/SR.45, paras. 11-31."
[B. Evidentiary comment:]
P.13.13. Evidence that the perpetrator meant to use one or more persons as a sentry.
P.13.14. Evidence that the perpetrator meant to use one or more persons as a cook.
[B. Evidentiary comment:]
P.13.15. Not required: Evidence that the perpetrator meant to use force.
Michael Cottier, "Article 8" in Otto Triffterer, ed, Commentary on the Rome Statute of the International Criminal Court (1999) paras. 232-233:
[B. Evidentiary comment:]
The simple acceptance of using one or more of these persons is sufficient. The prohibition does not extend to the participation of children under fifteen in hostilities upon their own volition unless their active participation is being "used".
