c. Article 3 Common to the Four Geneva Conventions and Additional
Protocol 11. There are eight acts specified in the statute, including taking
of hostages; violence to life, health, and physical or mental well being;
terrorism; pillage; and executions without judgment by regularly.
constituted court. This list is illustrative, not exhaustive.(1)These are war crimes committed in the context of an internal armed
conflict and traditionally left to domestic prosecution, but made
subject to international prosecution pursuant to the Rwanda Statute.(2)Charged in all indictments for acts in which the indictee personally
participated in or directed the crime. For example, running over a
person-with a vehicle to induce them to "talk," burning homes, rape,
and murder.) Tadic interlocutory appellate court decision on jurisdiction held that
Common Article 3 protections apply in both international and internal
armed conflict. The Tadic judgment set out elements as follows
(ICTR statute links ICTR to ICTY jurisprudence):(a) An armed conflict whether international or internal;(b)Victim is person taking no part in hostilities;(c) Act against victims is one of those listed in Common Article 3 or
Protocol 11; and(d)Act committed in context of armed conflict (need not be while the
conflict is ongoing).E. Special Court for Sierra Leone. Categories of crimes include:
- Crimes Against Humanity
- Violations of Common Article 3 and Additional Protocol 11.
- Other Serious Violations of International Humanitarian Law.
- Certain Crimes under Sierra Leonean Law, to include offenses relating to the
abuse of girls under the Prevention of Cruelty to Children Act (1 926) and
offenses relating to the wanton destruction of property under the Malicious
Damage Act (1 86 1).