6.b.i. [Mental element for element 5] [Consequence of killing]: The perpetrator meant to cause death; OR

P.37. Evidence inferred from an utterance, a document or a deed.

P.37.1. Evidence that the perpetrator ordered the act causing serious bodily and mental harm to the victims.

P.37.2. Evidence that the perpetrator ordered acts of sexual violence.

P.38. Evidence inferred from a circumstance.

6.b.i. [Mental element for element 5] [Consequence of killing]: The perpetrator meant to cause death; OR

According to the Kayishema and Ruzindana Trial Chamber:

"The Defence teams submitted that the serious bodily and mental harm alleged by the Prosecution was merely a consequence of attempts to kill and did not amount to genocidal offences in themselves. It argued that the Prosecution witnesses who had been wounded did not demonstrate that the perpetrators had intention to cause serious bodily or mental harm. The Defence contends therefore, that there was intention to cause murder and not to cause serious bodily or mental harm.

"The Chamber considers that an accused may be held liable under these circumstances only where, at the time of the act, the accused had the intention to inflict serious mental harm in pursuit of the specific intention to destroy a group in whole or in part."[1]

P.37. Evidence inferred from an utterance, a document or a deed.

P.37.1. Evidence that the perpetrator ordered the act causing serious bodily and mental harm to the victims.

P.37.2. Evidence that the perpetrator ordered acts of sexual violence.

P.38. Evidence inferred from a circumstance.