Element:
Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, paras. 497, 534:
"497. Persecution is defined in the jurisprudence of the Tribunal as an act or omission (i) which discriminates in fact and denies or infringes upon a fundamental right laid down in international customary law or treaty law (actus reus); and (ii) is carried out deliberately with the intention to discriminate on political, social or religious grounds (mens rea). Although the Statute refers to the listed grounds in the conjunctive, the presence of discriminatory intent on any one of these listed grounds is sufficient to fulfill the mens rea requirement for persecution."
"534. The act resulting in the destruction of property must have been committed with the intent, albeit direct or indirect, to destroy or damage extensively the property in question."
