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Elizabeth Santalla Vargas

Prosecutor v Martić (Milan), Appeals judgment, Case no IT-95-11-A, ICL 750 (ICTY 2008), 8th October 2008, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]; Appeals Chamber [ICTY]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 14 August 2020

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.

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