COUNT THREE

The elements of the war crime of displacing civilians are satisfied.

The war crime of displacing civilians requires five elements to concur, all of which are
satisfied in the case. The two elements relating to the context of a non-international armed conflict
and the accuseds knowledge of such fact have already been shown.

1. General Vande ordered the displacement of Ombrian people.

General Vande announced the strategies of Operation Blanc and compulses the
Ombrians to attend religious classes in Boubha Sanctuary and be converted and those
who did not attend three times will be imprisoned. Since most Ombrians cannot fully
comply with the requirements imposed on them, 80, 000 Ombrians were detained. The
Population.

2. Additional Protocol II stated that security of the civilian population and imperative
military reasons as the reason that could justify the evacuation of civilian population.
But in this case, it is not present. There were ethnic cleansing on the part of Bhouban
and Vande himself admitted that he is a devout Bhouban and for the good of their
country, Ombrians must be eliminated. They were forced to convert their religion and
when they were not able to comply with the requirements, they were detained in a
notorious sanitary condition detention centers. There was no military reasons in the
displacement of Ombrians from their home since it was purely a religious
condemnation on the part of Bhoubans and no military reasons which are related on the
said displacement.

3. Vande was the Chief of Defense Staff and the highest- ranking and senior most military
officer. There was a direct relation between him and TAF as superior-subordinate
relationship. He announced the strategies of Operation Blanc and he used his power by
the virtue of the authority conferred to him during martial law.

VANDE IS LIABLE ON THE BASIS OF INDIVIDUAL CRIMINAL RESPONSIBILITY OF

ARTICLE 25 (3) (a)
ICTR Statute, Article 6, A person who planned, instigated, ordered, committed or otherwise aided
and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 4 of the present
Statute, shall be individually responsible for the crime and the official position of any accused person,
whether as Head of State or Government or as a responsible Government official, shall not relieve such
person of criminal responsibility nor mitigate punishment.

General Vande directly participated in the Operation Blanc spearheaded by Boubhans especially when he
encouraged the people that Ombri is the cause of instability and suffering of their country. He used the
power vested in him during martial law when he ordered that anyone who did not attend the religious
classes three timed will be imprisoned after the fifth day of missing class. Therefore he is liable by
supporting and encouraging the activities of TAF and Boubhans in displacing the Ombrians from their
home and detained them in a not secure detention center.