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Element:

3. The perpetrator directed an attack

"In short, prohibited attacks are those launched deliberately against civilians or civilian objects in the course of an armed conflict and are not justified by military necessity. They must have caused deaths and/or serious bodily injuries within the civilian population or extensive damage to civilian objects. Such attacks are in direct contravention of the prohibitions expressly recognised in international law including the relevant provisions of Additional Protocol I."[1]

"For the above-mentioned reasons, the Appeals Chamber is not satisfied that at the relevant time, a violation of Articles 51 and 52 of Additional Protocol I incurred individual criminal responsibility under Article 3 of the Statute without causing death, serious injury to body or health, or results listed in Article 3 of the Statute, or being of the same gravity. Therefore, the Appeals Chamber will consider in the Judgment that criminal responsibility for unlawful attack on civilians or civilian objects does require the proof of such a result emanating from an unlawful attack."[2]

Footnotes:

[1] ICTY, Kordić and Čerkez Trial Judgment, 26 February 2001, para. 328; see also ICTY, Strugar Trial Judgment, 31 January 2005, para. 280. ICTY, Blaskić Trial Judgment, 3 March 2000, para. 180.

[2] ICTY, Kordić and Čerkez Appeal judgment, 17 December 2004, para, 67; see also ICTY, Strugar Trial Judgment, 31 January 2005, para. 280.

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