Prosecutor v Martić (Milan), Appeals judgment, Case no IT-95-11-A, ICL 750 (ICTY 2008), 8th October 2008, United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]; Appeals Chamber [ICTY]
Whether it sufficed that an accused created the conditions for the commission of the crimes falling outside the common criminal purpose for a finding of criminal responsibility under the third category of joint criminal enterprise.
Whether a Trial Chamber erred in finding that a rocket launcher, as used in the circumstances of a case, constituted an indiscriminate weapon.
Whether having inferred on the basis of the indiscriminate nature of the weapon that the shelling of a city amounted to a direct attack against civilians, a Trial Chamber could have disregarded the existence of military targets.
Whether a victim of a crime against humanity ought to be a civilian.
Whether persons hors de combat could have been victims of crimes against humanity.