01005770
Case File No. 002/19-09-2007/ECCC/TC
E313
as opposed to incidental, target of the attack.548 It is not necessary to show that the
entire population of the relevant geographical entity was subject to the attack.549 It is
sufficient that enough individuals were targeted in the course of the attack or that they
were targeted in such a way as to satisfy the Trial Chamber that the attack was in fact
directed against a civilian “population”, rather than against a limited and randomly
selected number of individuals.550
183.
To qualify as a “civilian population” for the purposes of Article 5 of the ECCC
Law, the target population must be of a predominantly civilian nature.551 The presence
within the civilian population of individuals who do not come within the definition of
civilians does not necessarily deprive the population of its civilian character.552 The
civilian status of the victims, the number of civilians, and the proportion of civilians
within a population are factors relevant to the determination of whether the
requirement that an attack be directed against a “civilian population” is fulfilled.553
184. Where an attack is carried out in a geographical area that contains both
civilians and soldiers, other factors may be relevant to determining whether the attack
was directed at a “civilian population”. These include the means and method used in
the course of the attack, the status of the victims, their number, the discriminatory
nature of the attack, the nature of the crimes committed in its course, and the
resistance to the assailants at the time and the extent to which the attacking force may
be said to have complied or attempted to comply with the precautionary requirements
of the laws of war.554
548
KAING Guek Eav Trial Judgement, paras 305, 308; Kunarac et al. Appeal Judgement, paras 91–
92.
549
Kunarac et al. Appeal Judgement, para. 90.
KAING Guek Eav Trial Judgement, paras 302-303, 305; Kordić and Čerkez Appeal Judgement,
para. 95.
551
KAING Guek Eav Trial Judgement, para. 305; Dragomir Milošević Appeal Judgement, paras 5051.
552
KAING Guek Eav Trial Judgement, paras 305-306, relying on Article 50(3) of the Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts; Mrkšić and Šljivančanin Appeal Judgement, para. 31. See also, Galić
Appeal Judgement, paras 136-138.
553
KAING Guek Eav Trial Judgement, para. 305; Mrkšić and Šljivančanin Appeal Judgement, paras
32-33, 36.
554
KAING Guek Eav Trial Judgement, para. 309; Mrkšić and Šljivančanin Appeal Judgement, para.
30.
550
Case 002/01, Judgement, 7 August 2014 - Public
103
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents