Table of contents:
Element:
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, paras. 494, 526:
"494. The category of “other inhumane acts” contained in Article 5(i) of the Statute is a residual category of crimes against humanity which includes serious criminal acts that are not exhaustively enumerated in Article 5. The following elements are required for an act or omission to constitute an inhumane act under Article 5(i): (i) there was an act or omission of similar seriousness to the other enumerated acts under Article 5; (ii) the act or omission caused serious mental or physical suffering or injury or constituted a serious attack on human dignity; and (iii) the act or omission was committed with the intent to inflict serious physical or mental suffering or to commit a serious attack on the human dignity of the victim(s), or with the knowledge that this act or omission was likely to cause such suffering or a serious attack upon human dignity."
"526. In relation to forced labour, the perpetrator must have intended the victim to perform prohibited work involuntarily. In the absence of direct evidence, intent can be inferred from the circumstances in which the labour was performed. In relation to the use of human shields, the perpetrator must intend to shield a military objective from attack or shield, favour, or impede military operations."
