Practice Relating to Rule 6. Civilians’ Loss of Protection from Attack
Section A. Direct participation in hostilities
In 2001, in the Ballestas case, the Colombian Government requested the preventive detention and extradition of a Colombian citizen belonging to the armed group known as the Ejército de Liberación Nacional (National Liberation Army) for the crimes of rebellion, kidnapping, wrongful death, seizure and diversion of aircraft. The Chamber of Criminal Appeals of Venezuela’s Supreme Tribunal of Justice stated:
Attacks on innocent people … who have given no provocation in word or deed, are not justified even in a military war. … [These are] governed by laws that prohibit attacks on … persons uninvolved in the conflict … To conclude, in view of the foregoing, aggression is selective even in conventional warfare between military powers, so as not to harm the innocent.