Table of contents:
P.22. Evidence of a targeted armed attack.
P.22.1. Evidence of organising a targeted armed attack.
P.23. Evidence of beating and killing.
P.24. Evidence of placing a bomb.
P.25. Evidence of destroying property.
P.26. Evidence of placing mines with the purpose of endangering a person.
P.27. Evidence of firing a missile targeting peacekeepers.
P.28. Evidence of a sniper shooting.
P.29. Evidence of firing repeatedly at one or more persons.
P.30.1. Evidence of abducting peacekeepers.
P.30.2. Evidence of abducting humanitarian assistance workers.
P.31.1. Evidence of detaining peacekeepers.
P.31.2. Evidence of detaining humanitarian assistance workers.
P.32. Evidence that the object of the attack had a distinctive marking.
P.33.1. Evidence of abducting and detaining UN peacekeepers to use as human shields.
Element:
A. Evidentiary comment:
Proving that the perpetrator intended to attack the personnel or object because of their involvement with a humanitarian or peacekeeping mission will be a difficult task for the Court. Indeed, as M.-Christiane Bourloyannis-Vrailas points out, if such person was wearing a distinctive marking, knowledge [is] obvious. But the wearing of markings is not an obligation incumbent on civilian personnel and cannot therefore be a prerequisite for proving intent The determination of intent in each particular case is a matter left to the competent tribunal (M.-Christiane Bourloyannis-Vrailas, The Convention on the Safety of United Nations and Associated Personnel, 44 INTL & COMP. L.Q. 560 (1995), p. 578).
P.22. Evidence of a targeted armed attack.
P.22.1. Evidence of organising a targeted armed attack.
A. Legal source/authority and evidence:
ICRC, Study on Customary Rules of International Humanitarian Law, Volume II: Practice, Part I (2005), p. 649:
55.In a resolution on Somalia adopted in 1994, the UN Security Council condemned violence and armed attacks against persons engaged in peace-keeping efforts and re-emphasised the importance it attached to the safety and security of United Nations and other personnel engaged in peacekeeping throughout Somalia48.
48UN Security Council, Res. 897, 4 February 1994, Preamble.
[B. Evidentiary comment:]
P.23. Evidence of beating and killing.
P.24. Evidence of placing a bomb.
P.25. Evidence of destroying property.
A. Legal source/authority and evidence:
ICRC, Study on Customary Rules of International Humanitarian Law, Volume II: Practice, Part I (2005), p. 635:
343. In a resolution adopted in 1999 on the safety and security of humanitarian personnel and protection of UN personnel, the UN General Assembly strongly condemned acts of destruction and looting of the property of those participating in humanitarian operations.347 The General Assembly urged all states to take the necessary measures to respect and ensure respect for the inviolability of United Nations premises.348
347 UN General Assembly, Res. 54/192, 17 December 1999, preamble.
348 UN General Assembly, Res. 55/92, 17 December 1999, §2.
P.26. Evidence of placing mines with the purpose of endangering a person.
A. Legal source/authority and evidence:
ICRC, Commentary on the Additionnal Protocols of 8 June 1997 to the Geneva Conventions of 12 August 1949, para.1081:
During the above-mentionned enquiry the question arose whether the placing of mines constituted an attack. The general feeling was that there is an attack whenever a person is directly endangered by a mine laid.
P.27. Evidence of firing a missile targeting peacekeepers.
P.28. Evidence of a sniper shooting.
A. Legal source/authority and evidence:
ICRC, Study on Customary Rules of International Humanitarian Law, Volume II: Practice, Part I (2005), p. 654:
89. In 1995, in a statement by its President following the fatal shooting of a French peacekeeper by a sniper in Sarajevo, the UN Security Council condemned in the strongest terms such acts direct at peace-keepers who are serving the cause of peace in the Republic of Bosnia and Herzegovina and reiterated that such attacks should not remain unpunished.87
87UN Security Council, Statement by the President, UN Doc. S/PRST/1995/, 14 April 1995.
P.29. Evidence of firing repeatedly at one or more persons.
P.30.1. Evidence of abducting peacekeepers.
P.30.2. Evidence of abducting humanitarian assistance workers.
P.31.1. Evidence of detaining peacekeepers.
P.31.2. Evidence of detaining humanitarian assistance workers.
A. Legal source/authority and evidence:
ICRC, Study on Customary Rules of International Humanitarian Law, Volume II: Practice, Part I (2005), p. 649:
In a resolution adopted in 1994 in the context of the conflict in Bosnia and Herzegovina, the UN Security Council condemned the harassment and the detention of UNPROFOR personnel by the Bosnian Serb forces and all obstacles to UNPROFORs freedom of movement.52
52 UN Security Council, Res. 913, 22 April 1994, Preamble.
[B. Evidentiary comment:]
P.32. Evidence that the object of the attack had a distinctive marking.
A. Legal source/authority and evidence:
M.-Christiane Bourloyannis-Vrailas, The Convention on the Safety of United Nations and Associated Personnel, 44 INTL & COMP. L.Q. 560 (1995), p. 578:
if such person was wearing a distinctive marking, knowledge [is] obvious. But the wearing of markings is not an obligation incumbent on civilian personnel and cannot therefore be a prerequisite for proving intent The determination of intent in each particular case is a matter left to the competent tribunal.
P.33.1. Evidence of abducting and detaining UN peacekeepers to use as human shields.
