Table of contents:
Element:
In Kvočka, Trial Chamber held that:
"In the case of persecution, in addition to the intent to commit the underlying act, an additional intent is required, namely the specific intent to discriminate on political, racial, or religious grounds."[1]
In Krnojelac, Trial Chamber held that:
"The crime of persecution consists of an act or omission which:
1. discriminates in fact and which denies or infringes upon a fundamental right laid down in international customary or treaty law (the actus reus); and:
"2. was carried out deliberately with the intention to discriminate on one of the listed grounds, specifically race, religion or politics (the mens rea)."[2]
Footnotes:
[1] ICTY, Prosecutor v. Kvočka et al., "Judgement", IT-98-30/1-T, 2 November 2001, para. 200.
[2] ICTY, Prosecutor v. Krnojelac, "Judgement", IT-97-25-T, 15 March 2002, para. 431.
