crossfire/non-targeted deaths, or
death in the course of undertaking
dangerous assignments; deaths
resulting from indiscriminate and/or
disproportionate attacks carried out
by parties to an armed conflict
Exclusions: Intentional homicide not
amounting to war crime (0101);
attempted intentional homicide not
amounting to war crime (0102);
nonintentional homicide not
amounting to war crime (0103)
-
B. ENFORCED DISAPPEARANCE
Arrest, detention, abduction or any other form of deprivation of liberty of a victim by
agents of the State or by persons or groups of persons acting with the authorization,
support or acquiescence of the State, motivated by the victim, or someone associated
with the victim, engaging in activities as a journalist, trade unionist or human rights
defender, followed by a refusal to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the victim, which places the victim outside
the protection of the law.18
Inclusions: Enforced
02022 Deprivation of liberty
+ disappearance
Unlawful detainment of a person or persons
against their will.
Exclusions:
-
See also, Jean-Marie Henckaerts and Louise Doswald-Beck for the ICRC, Customary International Humanitarian
Law: Volume 1: Rules, (Cambridge, Cambridge University Press, 2005), rule 89 (applicable in both types of
conflict).
18 See, Article 3, UDHR; Article 1(1), International Convention for the Protection of All Persons from Enforced
Disappearance (ICED); Declaration on the Protection of All Persons from Enforced Disappearance. UNGA Res
47/133 of (1992); Article 2, ICED.
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