01005772 Case File No. 002/19-09-2007/ECCC/TC E313 necessary conditions are met.562 Further, the reference to “any” civilian population does not require a demonstration that victims were linked to a particular group.563 Crimes against humanity may include a state’s attack on its own population.564 188. National, political, ethnical, racial or religious grounds – Article 5 of the ECCC Law requires that the attack must have been carried out against the civilian population on a discriminatory basis, namely on national, political, ethnical, racial or religious grounds. This is a jurisdictional requirement that narrows the scope of the ECCC’s jurisdiction over crimes against humanity when compared with customary international law applying between 1975 and 1979.565 The requirement qualifies the nature of the broader attack rather than the individual underlying offences, and consequently does not import a discriminatory intent as a legal ingredient for all underlying crimes against humanity, as this would otherwise render redundant the express reference to discrimination within the offence of persecution in Article 5 of the ECCC Law.566 189. Jurisprudence concerning the crime of persecution defines an act as discriminatory when a victim is targeted because of his or her membership, or imputed membership, in a political, racial or religious group defined by the perpetrator.567 The targeted group “may be defined broadly by the perpetrator such that they are characterised in negative terms and include close affiliates or sympathisers …”.568 This approach is equally applicable to defining a discernible group targeted by an attack. 190. Nexus between the acts of the direct perpetrator and the attack – The acts of the direct perpetrator must be part of the attack, meaning that the acts in question must 562 KAING Guek Eav Trial Judgement, para. 311; Martić Appeal Judgement, paras 309-313. KAING Guek Eav Trial Judgement, para. 312; Kunarac et al. Trial Judgement, para. 423. 564 KAING Guek Eav Trial Judgement, para. 312; Kunarac et al. Trial Judgement, para. 423. 565 KAING Guek Eav Trial Judgement, paras 313-314. Article 3 of the ICTR Statute provides for a similar discriminatory requirement, adjudged by that Tribunal to be a jurisdictional requirement and not one required by customary international law: Akayesu Appeal Judgement, para. 465. 566 KAING Guek Eav Trial Judgement, paras 313-314, 379; KAING Guek Eav Appeal Judgement, para. 238; Akayesu Appeal Judgement, paras 461, 464. 567 KAING Guek Eav Trial Judgement, para. 317; Kordić and Čerkez Appeal Judgement, para. 674. 568 KAING Guek Eav Appeal Judgement, para. 272. 563 Case 002/01, Judgement, 7 August 2014 - Public 105