8.b.i [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering upon]: The perpetrator meant to cause severe physical or mental pain or suffering upon one or more persons; OR.

8.b.i [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering upon]: The perpetrator meant to cause severe physical or mental pain or suffering upon one or more persons; OR.

ICTY

In Delalić, the Trial Chamber held that:

"[T]here is no requirement that the conduct must be solely perpetrated for a prohibited purpose. Thus, in order for this requirement to be met, the prohibited purpose must simply be part of the motivation behind the conduct and need not be the predominating or sole purpose."[1]

In Kunarac, the Appeals Chamber noted:

"[T]he important distinction between 'intent' and 'motivation' [E]ven if the perpetrator's motivation is entirely sexual, it does not follow that the perpetrator does not have the intent to commit an act of torture or that his conduct does not cause severe pain or suffering, whether physical or mental, since such pain or suffering is a likely and logical consequence of his conduct.."[2]

Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, para. 508:

"508. The perpetrator must intentionally act in such a way which, in the normal course of events, would cause severe pain or suffering, whether physical or mental, to the victim(s), in pursuance of one of the purposes prohibited by the definition of the crime of torture as stated above. This purpose need not be the “predominant or sole purpose” behind inflicting the severe pain or suffering. There is no requirement that the perpetrator acted in an official capacity as a state official or other person in authority."

ICTR

According to the Trial Chamber in Akayesu:

"The perpetrator must intentionally inflict severe physical or mental pain or suffering upon the victim."[3]

In Akayesu, the Trial Chamber stated that:

"The perpetrator must intentionally inflict severe physical or mental pain or suffering upon the victim for one or more of the following purposes:

(a) to obtain information or a confession from the victim or a third person;

(b) to punish the victim or a third person for an act committed or suspected of having been committed by either of them;

(c) for the purpose of intimidating or coercing the victim or the third person;

"(d) for any reason based on discrimination of any kind."[4]