![]() ![]() Evidence that the perpetrator feigned intent to negotiate under a flag of truce. There is no case law on this particular crime at the international level, and the ICC wil therefore develop its own jurisprudence in this regard. The main difference between the wording of the crime in the ICC Statute and article 37(1) is that the former criminalizes only the treacherous killing or wounding but not treacherous capture unlike the latter which criminalizes all three. The war crime of treacherous killing or wounding in the ICC Statute is based essentially on article 23 (b) of the Hague Regulations and article 37 of Additional Protocol I. 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. ![]()
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