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jvanderbot 2 days ago

Right, your position is defensible. I just think mine is too. I think that "indiscriminate" requires

    Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.

    A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.
... (rome statute on it), meaning that they had to know that civilians were there or that their actions would cause undue risk of civilian deaths. That's more than just "maybe".

It's something worth arguing about, but I dont think it's open-and-shut.