Practice Relating to Rule 11. Indiscriminate Attacks
In 2001, in the Ballestas case, the Colombian Court 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 held:
It is a firm and incontrovertible fact that political armed struggle must be governed by the laws of war. As a result, attacks against innocent [people] or against private rights or the rights of individuals are absolutely unjustified, even where a political motive is claimed.
Thus: if such an attack against innocent [persons] and private rights is carried out with such a violence and malicious intent that it causes unnecessary suffering, havoc and terror
, it would [constitute the offence of] indiscriminate terrorism
, namely [those acts] that are not selective when choosing their targets and expressly target the innocent.
[emphasis in original]