Practice Relating to Rule 89. Violence to Life
Uruguay’s Basic Information for the Pre-Deployment of Personnel Involved in UN Stabilization Missions (2014), in a section entitled “The protection of childhood”, states:
In situations of armed conflict, children are exposed to serious violations of their rights, which demand the attention of all responsible parties in those locations, especially those who, like the contingents in the mission zones, work under the flag of the United Nations.
The issue is so important that a dedicated office has been set up, headed by the Special Representative of the UN Secretary-General for Children and Armed Conflict.
The office has identified six serious violations of the human rights of children during armed conflicts. Personnel are requested to be particularly alert to these violations and to report them through the established mechanisms. …
The six serious violations are:
1. Killing and maiming of children[.]
Uruguay’s Law on Cooperation with the ICC (2006) states:
A person who commits any of the following acts with the intention to destroy in whole or in part a national, ethnic, religious, political, or trade union group or a group with their own identity based on gender, sexual orientation, cultural or social reasons, age, disability or health, is punished with fifteen to thirty years’ imprisonment:
A) Intentional killing of one or more persons of the group.
The Law also lists the following crime under the heading “Crimes against Humanity – Isolated Acts”:
(Political Killing).- A person who is a State agent or who is not a State agent but acts with the authorization, support or acquiescence of one or more State agents and who kills a person due to his or her actual or presumed political, trade union, religious, cultural, or gender-related activities or opinions; or because of his or her actual or presumed belonging to a political, trade union, or religious collectivity or a group with its own identity based on reasons of sex or social sector is punished with fifteen to thirty years’ imprisonment.
The Law further states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
1. Wilful killing.
6. Wilfully … subjecting … [a prisoner of war or other protected person] to … executions without previous judgment by a regularly constituted court affording all the judicial guarantees which are generally recognized as indispensable.
19. Killing or wounding treacherously individuals belonging to the hostile nation or army or enemy combatants.
In 2013, in a statement before the UN General Assembly during a meeting on the prevention of armed conflict, the permanent representative of Uruguay stated:
Two years of war have gone by – two years of unbearable suffering for the Syrian people … Unfortunately, we are too accustomed to reading and hearing figures and numbers. That is why I believe that we need to strive to put human faces on the tragedy and to think of the thousands of women who have been raped, children who have been murdered and victims who have been tortured – human beings who have been brutalized and dehumanized.