8.a. [Mental element for Element 3] [Conduct of destroying or seizing]: The perpetrator meant to engage in the destruction or seizure of certain property.

8.a. [Mental element for Element 3] [Conduct of destroying or seizing]: The perpetrator meant to engage in the destruction or seizure of certain property.

The Appeals Chamber of the ICTY declared in its Tadić Jurisdiction Decision:

"[...] it cannot be denied that customary rules have developed to govern internal strife. These rules, as specifically identified in the preceding discussion, cover such areas as protection of civilians from hostilities, in particular from indiscriminate attacks, protection of civilian objects, in particular cultural property, protection of all those who do not (or no longer) take active part in hostilities, as well as prohibition of means of warfare proscribed in international armed conflicts and ban of certain methods of conducting hostilities." "[1]

"[...] customary international law imposes criminal liability for [...] breaching certain fundamental principles and rules regarding means and methods of combat in civil strife."[2]