01005770 Case File No. 002/19-09-2007/ECCC/TC E313 as opposed to incidental, target of the attack.548 It is not necessary to show that the entire population of the relevant geographical entity was subject to the attack.549 It is sufficient that enough individuals were targeted in the course of the attack or that they were targeted in such a way as to satisfy the Trial Chamber that the attack was in fact directed against a civilian “population”, rather than against a limited and randomly selected number of individuals.550 183. To qualify as a “civilian population” for the purposes of Article 5 of the ECCC Law, the target population must be of a predominantly civilian nature.551 The presence within the civilian population of individuals who do not come within the definition of civilians does not necessarily deprive the population of its civilian character.552 The civilian status of the victims, the number of civilians, and the proportion of civilians within a population are factors relevant to the determination of whether the requirement that an attack be directed against a “civilian population” is fulfilled.553 184. Where an attack is carried out in a geographical area that contains both civilians and soldiers, other factors may be relevant to determining whether the attack was directed at a “civilian population”. These include the means and method used in the course of the attack, the status of the victims, their number, the discriminatory nature of the attack, the nature of the crimes committed in its course, and the resistance to the assailants at the time and the extent to which the attacking force may be said to have complied or attempted to comply with the precautionary requirements of the laws of war.554 548 KAING Guek Eav Trial Judgement, paras 305, 308; Kunarac et al. Appeal Judgement, paras 91– 92. 549 Kunarac et al. Appeal Judgement, para. 90. KAING Guek Eav Trial Judgement, paras 302-303, 305; Kordić and Čerkez Appeal Judgement, para. 95. 551 KAING Guek Eav Trial Judgement, para. 305; Dragomir Milošević Appeal Judgement, paras 5051. 552 KAING Guek Eav Trial Judgement, paras 305-306, relying on Article 50(3) of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts; Mrkšić and Šljivančanin Appeal Judgement, para. 31. See also, Galić Appeal Judgement, paras 136-138. 553 KAING Guek Eav Trial Judgement, para. 305; Mrkšić and Šljivančanin Appeal Judgement, paras 32-33, 36. 554 KAING Guek Eav Trial Judgement, para. 309; Mrkšić and Šljivančanin Appeal Judgement, para. 30. 550 Case 002/01, Judgement, 7 August 2014 - Public 103

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