5.a [Mental element for Element 3] [Conduct of directing an attack:] The perpetrator meant to engage in directing an attack.

P.36. Evidence inferred from an utterance, a document or a deed.

P.36.1. Evidence of killing.

P.36.2. Evidence of a summary execution.

P.36.3. Evidence of deliberate shelling.

P.36.4. Evidence of destroying.

P.36.5. Evidence of firing rockets.

P.36.6. Evidence of ambushing.

P.36.7. Evidence of sinking a ship.

P.36.8. Evidence of bombing.

P.36.9. Evidence of shooting down a plane.

P.37. Evidence inferred from a circumstance.

5.a [Mental element for Element 3] [Conduct of directing an attack:] The perpetrator meant to engage in directing an attack.

P.36. Evidence inferred from an utterance, a document or a deed.

P.36.1. Evidence of killing.

A. Legal source/authority and evidence:

"926. In a communication to the press issued in 2001 following the killing of six ICRC staff members by unidentified assailants in the DRC, the ICRC condemned "in the strongest terms this attack and the flouting of the red cross emblem"⁹⁵⁵

"⁹⁵⁵ICRC, Communication to the Press No. 01/14, Six ICRC staff killed in Democratic Republic of the Congo, 27 April 2001."

[B. Evidentiary comment]:

P.36.2. Evidence of a summary execution.

A. Legal source/authority and evidence:

"147. In its report in 1993, the UN Commission on the Truth for El Salvador held that the summary execution of a Spanish doctor who had entered El Salvador to work as a doctorfor the FMLN was a flagrant violation of IHL and human rights law.(…)¹⁶². The Commission described the summary execution of a French nurse working in an FMLN hospital by a unit of the Salvadoran Air Force as a deliberate attack on medical personnel in violation of IHL.¹⁶³"

"¹⁶² UN Commission on the Truth for El Salvador, Report, UN Doc. S/25500, 1 April 1993, Annex, pp. 89-92.

¹⁶³UN Commission on the Truth for El Salvadore, Report, UN Doc. s/25500, 1 April 1993, Annex, pp. 87-89."

[B. Evidentiary comment]:

P.36.3. Evidence of deliberate shelling.

A. Legal source/authority and evidence:

"UN Security Council, Res. 467, 21 April 1980, §3:

"The Security Council condemns (…) the deliberate shelling of the headquarters of [UNIFIL] and more particularly the field hospital, which enjoys special protection under international law".

"634. In 1994, in a report on the situation of human rights in Rwanda, the Special Rapporteur of the UN Commission on Human Rights noted that a shell had hit an ICRC hospital (…)⁶⁶³".

⁶⁶³UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in Rwanda, Report, UN Doc. E/CN.4/1995.7, 24 June 1994, §31."

[B. Evidentiary comment]:

P.36.4. Evidence of destroying.

A. Legal source/authority and evidence:

"918. In 1993, the Brazilian Red Cross condemned the destruction of the ICRC delegation in Huambo (Angola).⁹⁴⁷"

"⁹⁴⁷Brazilian Red Cross, Communication to the Press, 17 August 1993"

[B. Evidentiary comment]:

P.36.5. Evidence of firing rockets.

A. Legal source/authority and evidence:

"563. In a press release in 1993 issued in the context of the conflict in Afghanistan, the ICRC stated that:

"⁵⁸⁹ ICRC, Press Release No. 1745, ICRC protests attack on Kabul hospital, 19 April 1993".

[B. Evidentiary comment]:

P.36.6. Evidence of ambushing.

A. Legal source/authority and evidence:

"747. In 1996, in report on the situation of human rights in the Sudan under the title "Human Rights violations- Abuses by parties to the conflict other than the Government of Sudan", the Special Rapporteur of the UN Commission on Human Rights noted that OLS had reported that, despite security assurances from local authorities, a UNICEF ambulance had been ambushed and one of the wounded person it was transporting had been killed.⁷⁸⁴"

"⁷⁸⁴UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Sudan, Report, UN Doc. E/CN.4/1996/62, 20 February 1996, § 78."

[B. Evidentiary comment]:

P.36.7. Evidence of sinking a ship.

A. Legal source/authority and evidence:

"730. In the Dover Castle case in 1921, a German court acquitted the commander of a German submarine of sinking a hospital ship and killing six members of its crew in violation of the customs and laws of war. The Court found that the commander had sunk the ship in execution of orders and could not, therefore, be held responsible for the ensuing violations of the law.⁷⁶⁵"

"⁷⁶⁵Germany, Reichsgericht, Dover Castle case, Judgement, 4 June 1921, p. 429"

[B. Evidentiary comment]:

P.36.8. Evidence of bombing.

A. Legal source/authority and evidence:

"927. In 2001, following the bombing of a ICRC compound by US aircraft in Kabul, the ICRC recalled that "international humanitarian law obliges the parties to the conflict to respect the red cross and red crescent emblems.⁹⁵⁶"

"⁹⁵⁶ICRC, Communication to Press No. 01/43, ICRC warehouses bombed in Kabul, 16 october 2001."

[B. Evidentiary comment]:

P.36.9. Evidence of shooting down a plane.

A. Legal source/authority and evidence:

"822. In 1996, in a report on the situation of human rights in the Sudan, in a section entitled "Human Rights violations- Abuses by parties to the conflict other than the Government of Sudan", the Special Rapporteur of he UN Commission on Human Rights reported that an ICRC plane was shot and hit when preparing for landing. (…)⁸⁶¹."

"⁸⁶¹UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Sudan, Report, UN Doc. E/CN.4/1996/62, 20 February 1996, § 78."

[B. Evidentiary comment]:

P.37. Evidence inferred from a circumstance.