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Notion other term12/29/2023 ![]() ![]() ![]() ![]() Some armed elements, still no justification would exist for widespread and indiscriminateĪttacks against civilians. That the Muslim population of Ahmici was not entirely civilian but comprised Prohibition of reprisals against civilian populations. Which needs to be emphasised is the sacrosanct character of the duty to protectĬivilians, which entails, amongst other things, the absolute character of the Later – it is nevertheless beyond dispute that at a minimum, large numbers ofĬivilian casualties would have been interspersed among the combatants. Whether or not this is correct – and this is a matter that will be addressed Skirmishes between warring factions and hence, were militarily-justified actions. In any fashion in hostilities, had previously taken up arms or who spontaneouslyĪccording to these submissions, the civilian deaths in Ahmici resulted from Of Ahmici should be determined in fact and not by formalities 764 and that it cannot encompass persons who had previously taken part 763 The Defence contends that the non-combatant status of the Muslim population Village of Ahmici was not an undefended village. The civilian character of the Muslim population of Ahmici by alleging that the A second strand of argument resorted to by the Defence has been to challenge Instead the obligation to uphold key tenets of this body of law regardless ofĥ12. The defining characteristic of modern international humanitarian law is The tu quoque defence has no place in contemporary international humanitarian Law which have an absolute and non-derogable character. Particularly in relation to obligations found within international humanitarian Trial Chamber wishes to stress, in this regard, the irrelevance of reciprocity, Population of the Lasva Valley were somehow justifiable because, in the Defence’sĪllegation, similar attacks were allegedly being perpetrated by the Muslims The first is the suggestion that the attacks committed against the Muslim In their submissions or which are implicit in the testimony of witnesses calledīy the Defence need to be rebutted in the strongest possible terms.ĥ11. Two particular arguments which have either been put forward by the Defence ![]()
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