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CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 7 Crimes against humanity » Art. 7(1)(h) Persecution » 10. [Mental element for Element 6] [Circumstance of such person or persons being targeted by reason of the identity of a group or collectivity or circumstance of the group or collectivity being targeted as such]: The perpetrator was aware that he/she was

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10. [Mental element for Element 6] [Circumstance of such person or persons being targeted by reason of the identity of a group or collectivity or circumstance of the group or collectivity being targeted as such]: The perpetrator was aware that he/she was targeting such person or persons by reason of the identity of a group or collectivity or that he/she was targeting the group or collectivity as such.

Element:

10. [Mental element for Element 6] [Circumstance of such person or persons being targeted by reason of the identity of a group or collectivity or circumstance of the group or collectivity being targeted as such]: The perpetrator was aware that he/she was targeting such person or persons by reason of the identity of a group or collectivity or that he/she was targeting the group or collectivity as such.

Prosecutor v. Jadranko Prlić, Case No. IT-04-74-T, Judgement (TC), 29 May 2013, para. 74:

"74. Although the word “persecution” is often used to describe a series of acts, a single act may constitute persecution if it discriminates in fact and is carried out deliberately with the intent to discriminate on a prohibited ground."

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