COUNT 2

The offense committed by senior TAF soldiers are personal in nature. The crime committed is rape
among the troops in military service and not rape as a war crime.

In 2008, the UN Security Council argued that “women and girls are particularly targeted by use of
several violence including as a tactic of war to humiliate, dominate, instill fear in, disperse, and forcibly
relocate civilian members of a community or ethnic group.”

Article 4 of the Additional Protocol II applies only to those “persons who do not take a direct part or
have ceased to take part in hostilities, whether or not liberty has been restricted.”

Article 8(2) (c) and (e) crimes cannot be committed against those directly taking part in hostilities. These
soldiers are armed men and women who bear a “continuous combat function” and are therefore not
protected. Verily, the crime committed in not rape as a war crime, for whether or not the war exists, the
crime committed in this instance may still be committed.