一罪和定性一罪控修改意見(jiàn)

1、WAR CRIME OF EXSIVE INCIDENTAL LOSS, INJURY, OR DEATH1. AAF and members committed the war crime of exsive incidental loss, injury,or death.(1) The AAF and NIA directed the attack.Attacks means acts ofagainst the adversary, whether in offence or in1defense.dreds of projectiles were firedo Kiesh inclu

2、ding BAS factory andBings building which were directed by the AAF and NIA.(2) The attack caused exsive incidental loss.1.1 the BAS factory and Bing are military objectivesAs the military objecs been defined2, if a civilian object is being utilized by themilitary then att moment it is potentially a m

3、ilitary objective. At the moment, thefactory was attacked, the workers were overworking just because of the setup of theexplosive product line. Thus, the factory was a military objective at the moment.Bing, as the leader of the DKF, was a combatant who could beed.31.2 The attack caused exsive incide

4、ntal loss.Exsive means thedisproportion is clearly discernible.4The proportionality isbetn the losses and theipated military advantages. Theipated advantage1 Article 49(1) , AP2 Article 52 , AP3 Combatants are defined to mean members of the armed for , with the exception of medical and religiousnel

5、Marco Sassoli 不能這么人名，在那本書(shū)上說(shuō)的？4 Yoram Dinstein, Hostilities, pg 120批注 3: 此處應(yīng)說(shuō)啥是比例原則，不是啥是比例。表達(dá)的是不符合比例原則。advantages 單數(shù)復(fù)數(shù)批注 2: 生產(chǎn)啥裝置得說(shuō)一下吧？生產(chǎn)民用還是？否則Product 怎么能是Military Object？批注 1: 其他是都是military objectives? 本罪的不是所有嗎？to be gained from the particular military activity must be weighed against theprobable c

6、ivilian losses.5The two-day artillery and air attacks made many of theor useless.When the artillery ss fell on the BAS factory juslf an hour after the quittingtime, there were still many workers working in it. Around 15 workers were killed,another 30 were severely injured. However the production lin

7、e was just being set uphad been assembled yet. 6 There was little militaryand no explosive deviadvantages but more incidental loss.Durino strikes on Bings apartment by armed drones, almost all the people werein sleep and Bing was nothe building. Besides, the second strike was only thirtys were kille

8、d，another 50 were injured. Theminutes after the.735apartment building was severely damaged and the buildings residents moved out ofPeace Garden .The value of so many peoples life and heals well as their propertyis moren the petratorsipated military advantage.(3) The AAF knew the attack would cause d

9、eath, injury or damage and it wasdisproportionate.According to the ICC s ute8, the knowledge here means awarenesst such anattack would cause exsive incidental loss. In determining whether an attack wasexsive it is nesary to examine whether a reasonably well-informedhecircumstanof the actual petrator

10、, making reasonable use of the information5 Galic Trail Judgement, ICTY, para 376 Moot problem, para 257 Moot problem, para 288 Article 30(3), ICC S ute批注 微軟用戶5: 到底單數(shù)復(fù)？批注 4: 既然是listed, 那么在這里想表達(dá)什么？本來(lái)就改炸，炸壞正常??？純個(gè)人意見(jiàn)listedseither destroyedavailable to him or her, could have expected exsive civilian cas

11、ualties to resultfrom the attack.9object of an attack, there is still a requirement to take all fechoice of means and methods of attack to avoid and to mincivilian life, injury to civilians and damage to civilian objects.On 17 July 2009, Alphonian reconnaissance drones were observe s, assessing the

12、damages and advising how to adjust their fire.10 The petrators were actually welhad observed lights in BAS factory. The petrators knewin a residential area, a civilian object. The strikes happene6:30am, when almost all people were in sleep. And(As a restime to leave or help others. The AAF should ha

13、ve expecteloss. However, the petrator didnt take any feasible precautions.(4)The attacks at the BAS factory and Bings building were part of the system of theernational armedbetn the AAF and the DKF. General Reed approvedBings building and the BAS factory to be one of the listeds in the artilleryatta

14、cks and heknewt the attack was part theernational.2. General Reed bears the individual responsibility for the crime.rson shall be criminally responsible and liable for punishment for a crime iftcommits such a crime jo ly with another.The co-petration had the119 Galic Trail Judgement, ICTY, para 5810

15、 Moot problem, para 2311 Article 25(3)(a), ICC s utes批注 微軟用戶8: 沒(méi)有邏輯詞，感覺(jué)都是事實(shí)陳述。eg. As a result,he extend, ThereforeThe fornd fifth elements were also satisfied. 批注 微軟用戶9: 這兩個(gè)要素是什么沒(méi)有交代啊。批注 微軟用戶7: 不能有 happened. The apartment was struck twice at 6:00am and 6:30am respectively, when almost all the people

16、 were in sleep.asible precautionshe imize incidental loss orcircling above Kiesh to ders of artillery unitsl-informed. They should t Bings apartment wasd twice at 6:00am andult) they had no enough d the exsive civilian批注 微軟用戶6: 整句表達(dá)有問(wèn)題Even ifrson or an object is a legitimateto attack, all the feasib

17、le measures should be adopted to select appropriate attack ways, so as to avoid or minimize civilians death or injury, as well as their property losses.Even once aor an object is determined to be a legitimatefollowing elements12:(1) The objective elements includes the existence of an agreement or co

18、mmon planbetn two or moreco-petrator resultings and the co-ordinated essential contribution by eachhe realization of the objective elements of the crime.The Operation Tderstorm was planned by a group which was consisted of theAlphonian Defence Minister Tom Atom, the Head of Nationalelligence Agency(

19、NIA), Perry Ash, General Reed, his deputy, Colonel Harvey Simms as well as othermilitary staff. In a meeting of 7 January 2009, it was decidedt artillery attacks andair strikes would be used. General Reed approved the list ofs for artilleryattacks and air strikes, including the BAS factory and Bings

20、 building. He orderedAAF to attack the factory and agreed Ash to use armed drones to attack Bingsbuilding.13In, the operation was planned by a group including Reed. Reed did orderand participatehe attack aiming at Kiesh according to the decided plan.(1) The subjective element ist the must fulfill the subjective elements ofthe crime in question14.While planning the Operation Tderstorm, they decidedt artillery attacks and airstrikes wou