attack on civilian population

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In the context of international and non‐international armed conflict it is a war crime under the Statute of the International Criminal Court intentionally to attack civilian populations and individuals not involved in conflict. The mens rea of the offence requires proof that the perpetrator acted with the purpose of attacking civilians. Collateral damage must be considered. If the collateral damage is excessive then the offence may be complete: if it is not excessive the offence is not made out.

Subjects: Law.

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