Our authors

Our Books
More than 865 authors
from all continents

Historical Origins of International Criminal Law
Historical Origins of
International Criminal Law

pficl
Philosophical Foundations of
International Criminal Law

Policy Brief Series

pbs
Concise policy briefs on policy challenges in international law

Quality Control
An online symposium

Our Chinese and Indian authors

li-singh
TOAEP has published more than 80 Chinese and Indian authors

atonement
Art and the ‘politics
of reconciliation’

Integrity in international justice
Symposium on integrity
in international justice

HomeIcon  FilmIcon  FilmIcon  CILRAP Circulation List TwitterTwitter PDFIcon

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.

Lexsitus

Lexsitus logo

CILRAP Film
More than 530 films
freely and immediately available

CMN Knowledge Hub

CMN Knowledge Hub
Online services to help
your work and research

CILRAP Conversations

Our Books
CILRAP Conversations
on World Order

M.C. Bassiouni Justice Award

M.C. Bassiouni Justice Award

CILRAP Podcast

CILRAP Podcast

Our Books
An online symposium

Power in international justice
Symposium on power
in international justice

Interviewing
A virtual symposium