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International Co-Investigating Judge issues ruling on whether an attack against a state's or regime's own armed forces could be considered an attack against a civilian population under the law relating to crimes against humanity applicable between 1975 and 1979.
In a decision of 7 February 2017, the International Co-Investigating Judge notified the parties in cases 003 and 004 of his view that in the context of the law on crimes against humanity as it stood between 1975 and 1979, an attack by a state or a regime against its own armed forces could amount to an attack against a civilian population under Article 5 of the ECCC Law, unless the armed forces were allied with or otherwise providing militarily relevant support to an opposing side in an armed conflict.
The decision follows a request for submissions by the parties and amici curiae in cases 003 and 004 of 19 April 2016 (https://www.eccc.gov.kh/en/articles/international-co-investigating-judge-calls-submission-amicus-curiae-briefs). The ruling is the first time that a court has addressed this legal issue in depth.
The decision is available at this link: