That's a completely different incident - I'm talking about the atrocity at Bala Baluk.
No -- the Taliban used exactly the same criminal tactics
That's a matter for the Afghan authorities under the principle of complementarity.
No the Taliban is no longer a government entity and they are operating outside of Afghanistan which makes it and international incident - the ICC should be investigating the Taliban for atrocities and war crimes , immediately or be disband as a useless body
Keep in mind that the US is acting and invited under the authority of the Afghanistan demorcated elected Government by its people
Loc: Alexandria, VA
The Statute of Rome which is operational against individuals incorporates certain of the Geneva provisions but not the one you're citing.
Statute of Rome, Article 8, Defining War Crimes:
"(2)(a)(viii) Taking of hostages."
"(2)(b)(xxiii)Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;"
In other words, using civilian hostages as human shields is a war crime.
the most obvious of which would be if there are opposing forces occupying the structure and/or are using it for military purposes
No, that's contradicted by the Statute of Rome, Art 8.
Virtually all of the relevant entries under Article 8 have as their proviso that the persons / structures / areas in question are not being used for military purposes ...
I'm talking about the circumstances of the case - Bala Baluk where 147 civilians including women and children were killed and others maimed in private homes - which ones are you talking about?
The one where Afghan government ground forces were actively engaged with 100+ Taliban forces and requested air support from the US. The same incident, actually.
You appear to have misquoted this provision -- at least all the ones I've been looking at have things worded thusly (italics mine):
"(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;"
Also, the part of 8(2)(b)(iv) you left off (entire provision, italics mine):
"(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;"
In order for a pilot to be accountable for war crimes in this circumstance, they would have to had have known:
-- That civilians occupied the target -- That the target was in fact not a military objective -- That incidental civilian deaths would have been excessive relative to the anticipated military advantage.
Unless they were told specifically, there's no way a pilot could know any one of these things ...
More likely is they were told friendly forces were under fire and were vectored-in to target a specific building (likely painted by ground forces) and not much else ...
No? Civilians were killed in air strikes Bala Baluk but not at Khost
NO - you don't know that - your again assuming , those civilian could have been dead long before the air strike and placed into those homes by the Taliban who were there hours before shooting at police and civilians
Show me the PROOF that you are correct which I konw you cannot and assuming yet again.
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