Citations

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CITATIONS: 1. “Attacks” means acts of violence against the adversary, whether in offence or in defence. (AP1, CIHL). Violence refers to a behaviour which involves physical force intended to hurt, damage, or kill. It presupposes an overt act which is hostile to the adversary. (Oxford Concise Dictionary) ‘Attack’ in the context of a crime against humanity can be defined as a course of conduct involving the commission of acts of violence.” (See also Limaj et al.) (Trial Chamber), November 30,2005, para. 182 2. “Military necessity’ means the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war. (Art 14 of Lieber Code) 3. The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given, setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. ARTICLE 11 (2) of AP2 4. The crime of outrages upon personal dignity requires: (i) that the accused intentionally committed or participated in an act or an omission which would be generally considered to cause serious humiliation, degradation or otherwise be a serious attack on human dignity, and (ii) that he knew that the act or omission could have that effect.”

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Transcript of Citations

Page 1: Citations

CITATIONS:1. “Attacks” means acts of violence against the adversary, whether in offence or in defence. (AP1, CIHL). Violence refers to a behaviour which involves physical force intended to hurt, damage, or kill. It presupposes an overt act which is hostile to the adversary. (Oxford Concise Dictionary)‘Attack’ in the context of a crime against humanity can be defined as a course of conduct involving the commission of acts of violence.” (See also Limaj et al.) (Trial Chamber), November 30,2005, para. 1822. “Military necessity’ means the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war. (Art 14 of Lieber Code) 3. The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given, setting, whenever appropriate, a reasonable time-limit, and after such warning hasremained unheeded. ARTICLE 11 (2) of AP2 4. The crime of outrages upon personal dignity requires: (i) that the accused intentionally committed or participated in an act or an omission which would be generally considered to causeserious humiliation, degradation or otherwise be a serious attack on human dignity, and (ii) that he knew that the act or omission could have that effect.”

5. Mens rea - The intention of knowledge of wrongdoings that constitutes part of a crime. (Black Laws Dictionary)