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ePaper created 2015-11-10, 17:27:36 | version 1.33.00
REDACTED Page 56 of 190 The list has detailed the polling of these people, their phone numbers and names. In addition, the Executive in the state of Táchira posted on Facebook pictures of people who voted for the opposition candidate or have participated in demonstrations or so- called to protest the election results contested by the opposition. Using the list of voters and the participation or perceived participation of individuals in protests as an indication of their political position, the policy of the GoV was then to target those identified as fascists in acts of violence and discrimination which resulted in murders, imprisonments, tortures, persecution and other inhumane acts. Given the absence of a militarised opposition to the GoV, all those targeted by the GoV were civilians protected under common Article 3 of the Geneva Convention,202 most of them being particularly vulnerable due to the fact that they were unarmed. It is also worth noting that the population did not necessarily lose its civilian status merely by the fact that some individuals within the population did not fall within the definition of civilians according to Additional Protocol I, Article 50.203 The modus operandi of the national security forces and of the pro government armed paramilitaries in targeting civilians in using excessive force while indiscriminately attacking the crowd including through the use of live ammunition illustrates that the primary aim of the operations against the demonstrators was to attack the collective of mostly unarmed civilians and not “only a limited and randomly selected number of individuals (…).”204 The same applies to the individual acts of violence perpetrated against civilians after the demonstrations. The targets were civilians who being perceived as dissidents and enemies of the state by virtue of their political opposition to the GoV were branded as criminals. c)State policy Article 7(2)(a) of the Statute imposes the requirement that the attack against any civilian population be committed “pursuant to or in furtherance of a State or organizational policy to commit such attack”. The introduction to elements of Article 7, when explaining the meaning of policy states that “policy to commit such attack” requires that the state or organization actively 202 ICC. Prosecutor v Tadic. Judgment Trial Chamebr. 7 May 1997. paras. 637-638; ICC. Prosecutor v Akayesu. Judgment Trial Chamber. 2 September. 1998 para. 582; ICC. Prosecutor v Brma et al. Decision on Defence motions for Judgment of Acquittal Pursuant to Rule 98. 31 March, 2006. para. 42; ICC. Prosecutor v Brima et al. Trial Judgment. 20 June, 2007. para. 216 203 ICC. Prosecutor v Tadic. Trial Judgment. 7 May, 1997. para 638; ICC. Prosecutor v Akayesu. Judgment Trial Chamber. 2 September. 1998. para 582 204 ICC. Prosecutor v Brima et al. Trial Judgement. 20 June, 2007. para 217