Law of War Workshop Deskbook - Higgins Counterterrorism ...

(e) May occur in international or internal armed conflict.c. Crimes Against Humanity. Those inhumane acts that affront the entireinternational community and humanity at large. Crimes when committedas part of a widespread or systematic attack on civilian population.(1) Charged in the current indictments as murder, rape, torture, andpersecution on political, racial, and religious grounds, exterminationand deportation.(2) In the Tadic Judgment, the Court cited elements as:(a) A serious inhumane act as listed in Statute;(b) Act committed in international or internal armed conflict;(c) At time accused acted there were ongoing widespread or systematicattacks directed against civilian population;(d) Accused knew or had reason to know he/she was participating inwidespread or systematic attack on population (actual knowledge);(e) Act was discriminatory in nature; and(f) act had nexus to the conflict.(3) Crimes against humanity also acts as a gap filler to the crime ofGenocide because a crime against humanity may exist where apolitical group becomes the targetd. Grave Breaches. As defined by the Geneva Conventions, may occur onlyin the context of an international armed conflict. There are eight as listedin outline, above.(1) Charged in indictments as willful killing, torture, inhumane treatment,and extensive destruction of property not justified by military necessityor causing great serious injury to body or health.(2) The Tadic court found there was no international armed conflict duringthe time covered by the indictment and therefore victims were notprotected persons. Therefore, the court felt it lacked jurisdiction tohear grave breaches because the court first determined that the conflictChapter 8War Crimes and Command Responsibility198