8.b.ii [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering]: The perpetrator was aware that severe physical or mental pain or suffering will occur in the ordinary course of events.

8.b.ii [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering]: The perpetrator was aware that severe physical or mental pain or suffering will occur in the ordinary course of events.

According to the Appeals Chamber in Kunarac:

"[I]t is important to establish whether a perpetrator intended to act in a way which, in the normal course of events, would cause severe pain or suffering, whether physical or mental, to his victims."[1]

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."