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Element:

5. [Particular mental element for Element 4] The perpetrator intended such civilian objects to be the object of the attack.

"The Appeals Chamber recalls that the Trial Chamber duly took into account the evidence that some houses in Ljuboten contained inflammable agricultural materials in their storage. However, in light of the totality of the evidence, including of police members setting fire to houses, the possible use of the houses to fire at the FYROM forces, and the shelling by the FYROM army, the Trial Chamber reasonably found that none of the relevant houses caught fire accidentally."[1]

Footnotes:

[1] ICTY, Boškoski and Tarčulovski Appeal Judgment, 19 May 2010, para. 113 (footnotes omitted).

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