Legal requirement of an attack
|Appeal Judgement - 12.06.2002||
KUNARAC et al.
(IT-96-23 & IT-96-23/1-A)
87. […] [W]hen establishing whether there was an attack upon a particular civilian population, it is not relevant that the other side also committed atrocities against its opponent’s civilian population. The existence of an attack from one side against the other side’s civilian population would neither justify the attack by that other side against the civilian population of its opponent nor displace the conclusion that the other side’s forces were in fact targeting a civilian population as such. Each attack against the other’s civilian population would be equally illegitimate and crimes committed as part of this attack could, all other conditions being met, amount to crimes against humanity.
 Trial Judgement, para 580.
 Kupreškić Trial Judgement, para 765.
|ICTR Statute Article 3 ICTY Statute Article 5|