Element:
The Trial Chamber in Blaskić concluded that:
"[...] So as to be punishable, the devastation must have been perpetrated intentionally or have been the foreseeable consequence of the acts of the accused." "[1]
In Kordić and Čerkez, the Trial Chamber held that:
"[...] the perpetrator acted with the intent to destroy the property in question or in reckless disregard of the likelihood of its destruction."[2]
Footnotes:
[1] ICTY, Blaškić Trial Chamber Judgement 3 March 2000, para. 183.
[2] ICTY, Kordić and Čerkez Trial Judgment 26 February 2001, para. 346.
