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9. Offences
against non-combatants
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Article 48-Offences
causing death
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| 48.1 |
Non-Combatant Homicide |
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Non-Combatant Homicide is the causing of death to one or more persons who were not combatants. For the purpose of the military Code, Non-Combatant Homicide is further defined into only three possible classifications- murder, negligent homicide (or manslaughter) and justifiable homicide. |
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| 48.2 |
Non-Combatant Murder |
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Murder is the causing of the death of a non-combatant human being, without lawful excuse, with intent to kill or with an intent to cause grievous bodily harm.
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Primary Fact(s) |
| 1. That the person(s) are deceased. |
| 2. That the victim(s) was a non-combatant. |
| 3. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant; |
| 4. That the actions of the accused contributed to the death(s). |
| 5. That the actions of the accused were done with the intent to cause death or grievous harm; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed with the intent to inflict grievous bodily harm to a person; |
4-6 |
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry; |
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Penalty Conditions (Level 6-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
b) if committed for the purpose of obtaining the organs or tissues of the victim;
c) of a woman who is known by the killer to be in a state of pregnancy;
d) of a person who is known by the killer to be helpless state, and also murder attended by the kidnapping of a person or the seizure of a hostage; |
4-6 |
a) if committed with especial cruelty;
b) if involving murder of 30 or more persons;
c) if committed with the purpose of concealing another offence;
d) if murder attended by rape or violent sexual actions; |
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| 48.3 |
Negligent homicide |
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Negligent homicide is the causing of the death of a non-combatant human being with no intention to kill or cause serious injury.
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Primary Fact(s) |
| 1. That the person(s) are deceased. |
| 2. That the victim(s) was a non-combatant. |
| 2. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant; |
| 3. That the actions of the accused contributed to the death(s). |
| 4. That the actions of the accused were not done with the intent to cause death or grievous harm; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed by a driver as a result of a motor vehicle accident;
b) if owing to the general improper discharge by a person in the medical profession of their professional duties;
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4-6 |
a) if owing to the deliberate abandoning without aid of person who is in a state of danger to human life or health and who is deprived of the possibility of taking measures towards their self-preservation;
b) if committed in a state of sudden strong mental agitation, cause by other unlawful or amoral actions (inaction) of the victim;
c) if committed in a state of sudden strong mental agitation, cause by a protracted mentally traumatizing situation caused in connection with the systematic unlawful or amoral behavior of the victim. |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed by a driver as a result of a motor vehicle accident, while under the influence of alcohol or drugs;
b) if committed in a state of sudden strong mental agitation, caused by violence, mockery, or gross insult on the part of the victim;
c) if owing to the general improper discharge by a person of their professional duties; |
4-6 |
a) if owing to the failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
c) if owing to the incitement of a person to commit or attempt to commit suicide by means of threats, cruel treatment of a person or systematic denigration of the human dignity of the victim; |
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| 48.4 |
Justifiable homicide |
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Justifiable homicide is the causing of the death of a non-combatant human being, with lawful excuse. |
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Primary Fact(s) |
| 1. That the person(s) are deceased. |
| 2. That the victim(s) was a non-combatant. |
| 3. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant; |
| 3. That the actions of the accused contributed to the death(s). |
| 4. That the actions of the accused were lawfully justifiable. |
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Penalty Conditions (Level 1-Offence) |
Type |
Condition(s) |
1-4 |
a) if committed in the defence of one's own life against an armed enemy; |
4-6 |
a) if committed in the defence of the life of a colleague against an armed enemy; |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed in responding in battle to an enemy hiding amongst non-combatant forces and the casualties are greater than 20; |
4-6 |
a) if committed in initiating battle to an enemy hiding amongst non-combatant forces and the casualties are greater than 20; |
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