6.b.ii. [Mental element for Element 3] [Consequence of appropriation]: the perpetrator was aware that certain property would be appropriated in the ordinary course of events.

6.b.ii. [Mental element for Element 3] [Consequence of appropriation]: the perpetrator was aware that certain property would be appropriated in the ordinary course of events.

The Trial Chamber in Martinović and Naletilić found that:

"[Martinović] knew that plunder was occurring in several instances during this period and failed to take the necessary and reasonable measures to prevent it or to punish the perpetrators."[1]

"[Naletilić] knew that this kind of operation was being carried out by soldiers under his authority since he was present in some instances of plunder. He was therefore put on notice, but disregarded his duties of taking reasonable measures to prevent plunder or punish the perpetrators."[2]