Count Three: General Amir bears individual criminal responsibility for the war crimes

treacherously killing a combat adversary by ordering the attack on the ISSF.

1. The Alin Democratic Forces (ADF) committed the war crime under Article 8 (2) (b) (xi),
since all 7 elements of the said crime are present.
a. The said ADF Unit invited the confidence or belief that they were entitled to
protection. By disguising themselves as civilians who have been displaced by the
fighting,1 .
With respect to the attack against ISSF outpost in suburban Orkan on 20 October 2013, on
the basis of individual criminal responsibility for ordering, soliciting or inducing (Article 25
(3)(b)):
the war crime of killing or wounding treacherously individuals belonging to the hostile nation
or army under Article 8(2)(b)(xi); or the war crime of killing or wounding treacherously a
combatant adversary under Article 8(2)(e)(ix) of the Rome Statute.
Article 8 (2) (b) (xi)
War crime of treacherously killing or wounding
Elements
1. The perpetrator invited the confidence or belief of one or more persons that they were
entitled to, or were obliged to accord, protection under rules of international law
applicable in armed conflict.
2. The perpetrator intended to betray that confidence or belief.
3. The perpetrator killed or injured such person or persons.

4. The perpetrator made use of that confidence or belief in killing or injuring such person or
persons.
5. Such person or persons belonged to an adverse party.

6. The conduct took place in the context of and was associated with an international armed
conflict.
7. The perpetrator was aware of factual circumstances that established the existence of an
armed conflict.
[

1 Facts of the Case, Paragraph 22.