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Final Remarks

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Chapter Summary

The protection offered to civilians and civilian objects was dependent on the ambiguous notion of &t;military necessity&t;, as shown by the prohibition to destroy or seize the enemy's property unless such destruction or seizure is imperatively demanded by the necessities of war. As a consequence of this new approach, the destruction caused to enemy civilians or civilian objects during military operations cannot be treated altogether. The determination of the unlawfulness of an attack is also necessary prior to engaging the analysis of whether the deaths, injures and damages caused by it could amount to a crime against humanity. Finally, the ICTY's case law has also declared, at times, that certain deaths, injures and damages caused to enemy civilians or civilian objects amounted to crimes against humanity without undertaking a prior analysis of the unlawfulness of the attacks causing them.

Keywords: civilians protection; ICTY case law; military necessity



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