| | Kunarac, Vukovic and Kovac - Judgement - Part IV (Site not responding. Last check: 2007-10-25) |
 | | The Trial Chamber must first identify the population which is the object of the attack and, in light of the means, methods, resources and result of the attack upon this population, ascertain whether the attack was indeed widespread or systematic. |
 | | The Trial Chamber notes that there has been some difference of approach in the jurisprudence of the ICTY and ICTR, and in that of other courts, as well as in the history of the drafting of international instruments, as to whether a policy element is required under existing customary law. |
 | | In practice, this means that the Trial Chamber must identify those elements of the definition of torture under human rights law which are extraneous to international criminal law as well as those which are present in the latter body of law but possibly absent from the human rights regime. |
| www.un.org /icty/foca/trialc2/judgement/kun-tj010222e-4.htm (15787 words) |