"Under international humanitarian law and the Rome Statute, the death of civilians during an
armed conflict, no matter how grave and regrettable, does not in itself constitute a war crime. International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some
civilian deaths or injuries will occur. A crime occurs if there is an intentional attack
directed against civilians (principle of distinction) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)."--Luis Moreno-Ocampo Chief Prosecutor at the ICC.
If you cannot show a deliberate intent to violate the rules of war, then you have no case, Mr. Falk, unless you can prove that the pile of dead civilians is at least 3 times higher the pile of dead combatants. |
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