6.b.ii. [Mental element for element 5] [Consequence of killing]: The perpetrator was aware that death would occur in the ordinary course of events

P.39. Evidence inferred from an utterance, a document or a deed.

P.40. Evidence inferred from a circumstance.

P.40.1. Evidence that the perpetrator was aware that an attack was about to occur.

P.40.2. Evidence that the perpetrator was aware that an attack was about to occur.

6.b.ii. [Mental element for element 5] [Consequence of killing]: The perpetrator was aware that death would occur in the ordinary course of events

The Krstić Trial Chamber said:

"The Trial Chamber has further determined that the ordeal inflicted on the men who survived the massacres may appropriately be characterised as a genocidal act causing serious bodily and mental harm to members of the group pursuant to Article 4(2) (b). While the agreed objective of the joint criminal enterprise in which General Krstić participated was the actual killing of the military aged Bosnian Muslim men of Srebrenica, the terrible bodily and mental suffering of the few survivors clearly was a natural and foreseeable consequence of the enterprise. General Krstić must have been aware of this possibility and he therefore incurs responsibility for these crimes as well."[1]

P.39. Evidence inferred from an utterance, a document or a deed.

P.40. Evidence inferred from a circumstance.

P.40.1. Evidence that the perpetrator was aware that an attack was about to occur.

P.40.2. Evidence that the perpetrator was aware that an attack was about to occur.