Table of contents:
P.38. Evidence inferred from an utterance, a document, or a deed.
P.38.1. Evidence of an armed attack.
P.38.2. Evidence of beating and killing.
P.38.3. Evidence of placing a bomb.
P.38.4. Evidence of destroying property.
P.38.5. Evidence of placing mines.
P.38.6. Evidence of firing a missile.
P.38.7. Evidence of a sniper shooting a peacekeeper.
P.38.8. Evidence of firing at humanitarian aid assistance workers or peacekeepers.
P.38.9. Evidence of planning the abduction of peacekeepers and humanitarian assistance workers.
P.38.10. Evidence of planning the detention of peacekeepers and humanitarian assistance workers.
Element:
8.a. [Mental element for element 3] [Conduct of directing an attack:]The perpetrator meant to engage in directing an attack.
P.38. Evidence inferred from an utterance, a document, or a deed.
P.38.1. Evidence of an 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.38.2. Evidence of beating and killing.
P.38.3. Evidence of placing a bomb.
P.38.4. 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.
[B. Evidentiary comment:]
P.38.5. Evidence of placing mines.
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.
[B. Evidentiary comment:]
P.38.6. Evidence of firing a missile.
P.38.7. Evidence of a sniper shooting a peacekeeper.
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.
[B. Evidentiary comment:]
P.38.8. Evidence of firing at humanitarian aid assistance workers or peacekeepers.
P.38.9. Evidence of planning the abduction of peacekeepers and humanitarian assistance workers.
P.38.10. Evidence of planning the detention of peacekeepers and 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:]
