Good find. Fortunately, we didn’t sign it.
But it doesn’t matter here anyway. Their Rome Statute quote left out this piece that’s critical: “which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;”
All the Saudis need to show is that their target was important “in relation to the concrete and direct overall military advantage.” And that’s assuming they even knew about the kids.
And if they didn’t know about the kids, then the calculation goes further in their favor.
It's all lies, including "the" and "a."