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Table of contents:

4. The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations.

4.1. The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance in accordance with the Charter of the United Nations; OR

4.2. The object of the attack was personnel, installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations; AND

4.3. The object of the attack was not a military objective.

5.1. The personnel, installations, material units or vehicle involved in a humanitarian assistance or peacekeeping mission were intended to be the object of the attack; AND

5.2. The perpetrator knew that the object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission.

6.1. The personnel, installations, material, units or vehicles involved in a humanitarian assistance in accordance with the Charter of the United Nations were entitled to that protection given to civilians or civilian objects under the international law of armed conflict; OR

6.2. The personnel, installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations were entitled to that protection given to civilians or civilian objects under the international law of armed conflict; AND

Element:

4. The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations.

"the primary object of the attack must be the personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission. There exists no requirement that there be actual damage to the personnel or objects as a result of the attack and this Chamber opines that the mere attack is the gravamen of the crime."[1]

4.1. The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance in accordance with the Charter of the United Nations; OR

"The term 'UN peacekeepers' used throughout this indictment includes UN military observers of the United Nations."[2]

4.2. The object of the attack was personnel, installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations; AND

4.3. The object of the attack was not a military objective.

Footnotes:

[1] SCSL, Sesay et al. Trial Judgment, 2 March 2009, para. 220.

[2] ICTY, Karadžić and Mladić, (Initial) Indictment of the ICTY, 24 July 1995, para. 13, as updated in the ICTY, Mladić Amended Indictment, 11 October 2002, para. 13 and ICTY, Karadžić Amended Indictment, 31 May 2000, para. 55.

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