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International Tribunal For The Former Yugoslavia - Excerpts From: Prosecutor V. Pavle Strugar

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Chapter Summary

As already ruled by the Chamber in the present case and upheld by the Appeals Chamber, Article 52, referred to in respect of the count of attacking civilian objects, is a reaffirmation and reformulation of a rule that had previously attained the status of customary international law. The Chamber observes that in the present case it is alleged that the attacks against civilian objects, with which the accused is charged, did incur damage to those objects. Both rules serve the aim of protecting property from damage caused by military operations. Article 3(b) codifies two crimes: "wanton destruction of cities, towns or villages, or devastation no. justified by military necessity". Only the latter is charged in the present case. The Chamber will limit its discussion to property protected by the above instruments (hereinafter "cultural property").

Keywords: Appeals Chamber; customary international law; civilian objects; protecting property



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