Kordic and Cerkez, (Trial Chamber), February 26, 2001, para. 83: “he requirement contained in Article 5 of the Statute is a purely jurisdictional prerequisite which is satisfied by proof that there was an armed conflict and that objectively the acts of the accused are linked geographically as well as temporally with the armed conflict.” Kunarac, Kovac and Vokovic, (Appeals Chamber), June 12, 2002, para. The armed conflict requirement is satisfied by proof that there was an armed conflict that is all that the Statute requires, and in so doing, it requires more than does customary international law.” 251: “A nexus between the accused’s acts and the armed conflict is not required, as is. Tadic, (Appeals Chamber), July 15, 1999, para. 23: “Article 5 vests the International Tribunal with the competence to prosecute crimes against humanity ‘when committed in armed conflict, whether international or internal in character.’” (1) whether there is any linkage required between the acts of the accused and the armed conflict 251: “The armed conflict requirement is satisfied by proof that there was an armed conflict.” (iii) The attack must be ‘directed against any civilian population.’ (iv) The attack must be ‘widespread or systematic.’ (v) The perpetrator must know of the wider context in which his acts occur and know that his acts are part of the attack.” i) the Statute requires that there must be an armed conflict (element 1) (ii) The acts of the perpetrator must be part of the attack. 410: In addition to the statutory requirement of an armed conflict, the following sub-elements are necessary: “(i) There must be an attack. Kunarac, Kovac and Vukovic, (Trial Chamber), February 22, 2001, para. (i) other inhumane acts.” b) General elements (h) persecutions on political, racial and religious grounds “The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population: > IV) CRIMES AGAINST HUMANITY (Article 5) a) Statute Case Law of the International Criminal Tribunal for the Former Yugoslavia: IV) CRIMES AGAINST HUMANITY (Article 5)
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