![]() ![]() Evidence of use in a manner prohibited under the international rules of land warfare: The perpetrator made such use in a manner prohibited under the international law of armed conflict.Ĥ.1.1. Fleck, Ruses of War and Prohibition of Perfidy, 13 Revue de Droit Penal Militaire et de Droit de la Guerre 269, at 281-282 (1974) cited in Michael Cottier, "Article 8" in Otto Triffterer, ed, Commentary on the Rome Statute of the International Criminal Court (1999), margin no. IX, 90-93, does not consider the legislative background of article 23(f) of the 1907 Hague Regulations or the situation of modern armed conflicts. Skorzeny cannot be taken as a yardstick, because the analysis of the acquittal in LAW REPORTS, Vol. ![]() 200)Īnother commentator concurs that the acquittal in O. (Knut Dormann, "Elements of War Crimes under the Rome Statute", p. ![]() One commentator suggests that since the procedure applicable in this case did not require any finding from the Court other than guilty or not guilty, no safe conclusions can be drawn from acquittal of all accused. ![]() 90) However, all were acquitted and no reasoning was given. The accused were charged with participating in the improper use of American uniforms by entering into combat disguised therewith and treacherously firing upon and killing members of the armed forces of the United States. (UNWCC, Law Reports of Trials of War Criminals, vol. Skorzeny and Others case, German soldiers used American uniforms and vehicles to sabotage and disrupt freely behind American lines. The perpetrator made such use in a manner prohibited under the international law of armed conflict while engaged in an attack. ![]()
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