Table of contents:
5. The perpetrator forcibly transferred one or more persons.
P.1. Evidence of victims crossing a national border.
Evidence of taking victims across a national border.
Evidence of exchanging victims across a national border.
P.2.1. Evidence of transfer, not necessarily across a national border.
P.2.2. Evidence of transfer, from one camp to another, not necessarily across a national border.
P.3. Evidence of transporting victims out of an area.
P.3.1. Evidence of procuring transportation for victims out of an area.
P.3.2. Evidence of monitoring transportation of victims out of an area.
P.3.3. Evidence of ordering transportation of victims out of an area.
P.3.4. Evidence of convoys carrying victims out of the area.
P.3.5. Evidence of that the transfer was not a provisional measure.
P.4. Evidence of transfer gathered from population dynamics.
P.4.1. Evidence of total numbers of victims displaced.
P.4.2. Evidence of numbers of victims of certain ethnicities displaced.
P.5. Evidence of publicly announcing transfer.
P.5.1. Evidence of publicly announcing that transfer would take place.
P.5.2. Evidence of calling out residents' names for future transfer.
P.6. Evidence of the creation of an infrastructure to facilitate transfer.
P.6.1. Evidence of the creation of an infrastructure to facilitate transfer.
P.6.2. Evidence of facilitating applications for transfer.
P.6.3. Evidence of setting up agencies to facilitate transfer.
P.6.4. Evidence of setting up collection centres to oversee transfer.
P.7. Evidence of use of force in transfer.
P.8. Evidence of forcible transfer using duress, trauma or coercion.
P.8.2. Evidence of transferred persons generally having no real choice but to leave.
P.8.3. Evidence of the destruction of person or persons' homes.
P.9. Not sufficient: Evidence of mere transfer.
Element:
5. The perpetrator forcibly transferred one or more persons.
According to the Akayesu Trial Chamber:
"With respect to forcibly transferring children of the group to another group, the Chamber is of the opinion that, as in the case of measures intended to prevent births, the objective is not only to sanction a direct act of forcible physical transfer, but also to sanction acts of threats or trauma which would lead to the forcible transfer of children from one group to another."[1]
P.1. Evidence of victims crossing a national border.
P.1.1. Evidence of taking victims across a national border.
P.1.2. Evidence of exchanging victims across a national border.
P.2.1. Evidence of transfer, not necessarily across a national border.
P.2.2. Evidence of transfer, from one camp to another, not necessarily across a national border.
P.3. Evidence of transporting victims out of an area.
P.3.1. Evidence of procuring transportation for victims out of an area.
P.3.2. Evidence of monitoring transportation of victims out of an area.
P.3.3. Evidence of ordering transportation of victims out of an area.
P.3.4. Evidence of convoys carrying victims out of the area.
P.3.5. Evidence of that the transfer was not a provisional measure.
P.4. Evidence of transfer gathered from population dynamics.
P.4.1. Evidence of total numbers of victims displaced.
P.4.2. Evidence of numbers of victims of certain ethnicities displaced.
P.5. Evidence of publicly announcing transfer.
P.5.1. Evidence of publicly announcing that transfer would take place.
P.5.2. Evidence of calling out residents' names for future transfer.
P.6. Evidence of the creation of an infrastructure to facilitate transfer.
P.6.1. Evidence of the creation of an infrastructure to facilitate transfer.
P.6.2. Evidence of facilitating applications for transfer.
P.6.3. Evidence of setting up agencies to facilitate transfer.
P.6.4. Evidence of setting up collection centres to oversee transfer.
P.7. Evidence of use of force in transfer.
P.8. Evidence of forcible transfer using duress, trauma or coercion.
P.8.2. Evidence of transferred persons generally having no real choice but to leave.
P.8.3. Evidence of the destruction of person or persons' homes.
P.9. Not sufficient: Evidence of mere transfer.
Footnotes:
[1] ICTR, Prosecutor v. Akayesu, "Judgement", ICTR-96-4-T, 2 September 1998, para. 509; as explicitly concurred within its entirety by ICTR, Prosecutor v. Kayishema and Ruzindana, "Judgement", ICTR-95-1-T, 21 May 1999, para. 118.
