8 the grave breaches regime of the Geneva Conventions of 12 August 1949 as recognised by Article 2 of the Statute of the International Tribunal (“Statute”). 34 Ground (2): The Trial Chamber erred when it decided that it could not, on the evidence before it, be satisfied beyond reasonable doubt that the accused had played any part in the killing of any of the five men from the village of Jaskici, as alleged in Counts 29, 30 and 31 of the Indictment. 35 Ground (3): The Trial Chamber erred when it held that in order to be found guilty of a crime against humanity, the Prosecution must prove beyond reasonable doubt that the accused not only formed the intent to commit the underlying offence but also knew of the context of a widespread or systematic attack on the civilian population and that the act was not taken for purely personal reasons unrelated to the armed conflict. 36 Ground (4): The Trial Chamber erred when it held that discriminatory intent is an element of all crimes against humanity under Article 5 of the Statute of the International Tribunal. 37 Ground (5): The majority of the Trial Chamber erred in a decision of 27 November 1996 in which it denied a Prosecution motion for production of defence witness statements (“Witness Statements Decision”). 38 3. The Appeal against Sentencing Judgement 23. The Defence raises the following grounds of appeal against the Sentencing Judgement: Ground (1): The total sentence of 20 years decided by the Trial Chamber is unfair. 39 (i) The sentence is unfair as it was longer than the facts of the case required or demanded. 40 34 Notice of Cross-Appeal, p. 2; Cross-Appellant’s Brief, paras. 2.1-2.88. Notice of Cross-Appeal, p. 2; Cross-Appellant’s Brief, paras. 3.1-3.33. 36 Notice of Cross-Appeal, p. 3; Cross-Appellant’s Brief, paras. 4.1-4.23. 37 Notice of Cross-Appeal, p. 3; Cross-Appellant’s Brief, paras. 5.1-5.28. 38 Notice of Cross-Appeal, p. 3; Cross-Appellant’s Brief, paras. 6.1-6.32 with reference to “Decision on Prosecution Motion for Production of Defence Witness Statements”, Case No.: IT-94-1-T, Trial Chamber II, 27 November 1996. 39 T. 306 (21 April 1999). 35 Case No.: -94-1-A 15 July 1999