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CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 6 Genocide » Art. 6(b) Bodily or mental harm » 6.a. [Mental Element for Element 5] [Conduct of causing serious bodily and mental harm to one or more persons]: The perpetrator meant to engage in conduct which caused serious bodily and mental harm to one or more persons.

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Table of contents:

6.a. [Mental Element for Element 5] [Conduct of causing serious bodily and mental harm to one or more persons]: The perpetrator meant to engage in conduct which caused serious bodily and mental harm to one or more persons.

P.35. Evidence inferred from an utterance, document or a deed.

P.35.1. Evidence that the perpetrator ordered the act causing serious bodily and mental harm to the victims.

P.35.2. Evidence that the perpetrator ordered acts of sexual violence.

P.35.3. Evidence of direct death threats by the perpetrator.

P.35.4. Evidence that the perpetrator openly espoused sexual violence through words of encouragement.

P.35.5. Evidence that the perpetrator participated extensively in the commission of the offence.

P.35.6. Evidence of persecution by the perpetrator.

P.35.7. Evidence of deportation by the perpetrator.

P.35.8. Evidence of acts of inhumane or degrading treatment by the perpetrator.

P.36. Evidence inferred from a circumstance.

P.36.1. Evidence of the perpetrator's presence during the commission of the offence.

P.36.2. Evidence that the perpetrator allowed the commission of the offence in premises under his authority.

P.36.3. Evidence that the perpetrator supported ideology which would necessarily entail causing serious bodily and mental harm.

Element:

6.a. [Mental Element for Element 5] [Conduct of causing serious bodily and mental harm to one or more persons]: The perpetrator meant to engage in conduct which caused serious bodily and mental harm to one or more persons.

P.35. Evidence inferred from an utterance, document or a deed.

P.35.1. Evidence that the perpetrator ordered the act causing serious bodily and mental harm to the victims.

P.35.2. Evidence that the perpetrator ordered acts of sexual violence.

P.35.3. Evidence of direct death threats by the perpetrator.

P.35.4. Evidence that the perpetrator openly espoused sexual violence through words of encouragement.

P.35.5. Evidence that the perpetrator participated extensively in the commission of the offence.

P.35.6. Evidence of persecution by the perpetrator.

P.35.7. Evidence of deportation by the perpetrator.

P.35.8. Evidence of acts of inhumane or degrading treatment by the perpetrator.

P.36. Evidence inferred from a circumstance.

P.36.1. Evidence of the perpetrator's presence during the commission of the offence.

P.36.2. Evidence that the perpetrator allowed the commission of the offence in premises under his authority.

P.36.3. Evidence that the perpetrator supported ideology which would necessarily entail causing serious bodily and mental harm.

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