4. The object of the attack was civilian objects, that is, objects which are not military object

4. The object of the attack was civilian objects, that is, objects which are not military object

"Witness Van der Weijden testified that (i) a tram is not well-suited for military use or transportation of military personnel; (ii) there was no reason to identify a tram as a threat or its passengers as combatants; and (iii) it must have been known to snipers that only civilians used the trams. Further, the Trial Chamber considered at length the significance of trams to the civilian population in Sarajevo and their general usage in the city. In addition, with regard to each sniping incident involving a tram, the Trial Chamber explicitly considered whether there was any military personnel present on the vehicle or in its vicinity at the time of the incident. Concerning the sniping incidents on 8 October 1994, 21 November 1994, 23 November 1994, and 3 March 1995, the evidence clearly shows that there were neither soldiers on the trams in question nor military activities or establishments in the immediate area."[1]

"The Trial Chamber was also satisfied that the targeted trams had civilian status. It established that trams were not suitable for military use and that it was a well-known fact that they were used by civilians. Furthermore, the Trial Chamber found that the fact that one or two soldiers were travelling on a tram targeted by sniper fire does not alter its civilian status."[2]

"Regarding Milošević's allegation that the trams ran during combat activity, the Appeals Chamber notes that the Trial Chamber considered this argument at trial. It specifically noted Milošević's submission that trams were running just behind the confrontation lines and through an area with almost constant fighting going on, but concluded that 'the evidence showed that trams did not run during periods when there was combat activity and that the trams were told to return to the depot if combat activity began'. That said, the Trial Chamber did not rule out that there were instances during which trams ran during combat. For this reason, and in light of the findings below confirming that the bullets were shot by the SRK snipers deliberately targeting civilians (and were not stray bullets shot by belligerents), any evidence that trams ran during combat does not contradict the Trial Chamber's findings per se and is thus without impact on Milošević's convictions."[3]