PART THREE: LEGAL FINDINGS
B. UNDERLYING OFFENCES CONSTITUTING GRAVE BREACHES OF THE GENEVA CONVENTIONS 1949
Unlawful Confinement of a Civilian
1514. As regards the actus reus, Vietnamese civilians were arbitrarily detained at the S-21 security centre with no evidence existing to suggest reasonable grounds for the detention or a justifiable legal basis.5288 Furthermore, the detention of these protected persons was imposed without the procedural and substantive protections afforded to them in the provisions of Geneva Convention IV.
1515. As regards the mens rea, the unlawful confinement of these protected persons was committed by the personnel of S-21 intentionally.
1516. Finally, all of the above enunciated grave breaches at all of the above locations were committed pursuant to well-defined CPK policies decided upon and coordinated by the CPK leaders within the framework of the common purpose.