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Chapter Summary

The ICTY has been the first international judicial body since WW II to investigate and adjudicate attacks violating the principle of distinction. The reason why the ICTY OTP first and the ICTY Chambers later have resorted to art. 3 ICTYS is the crime of wanton destruction not justified by military necessity does not allow for the prosecution of civilian deaths and injuries resulting from unlawful military operations whenever they are justified by military necessity. It is important to remark that attacks against civilian objects, or attacks against military objectives which are expected to incidentally cause excessive civilian damage, are not criminalized in the RS in relation to all kinds of armed conflict. A different matter is the possible inclusion of indiscriminate attacks in the crime of directing attacks against the civilian population or civilian persons and in the crime of directing attacks against civilian objects.

Keywords: civilian persons; ICTY; indiscriminate attacks



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