6.b.ii. [Mental element for Element 3] [Consequence of the infliction of severe physical or mental pain or suffering upon one or more persons]: The perpetrator was aware that severe physical or mental pain or suffering upon one or more persons will occur in the ordinary course of events.

6.b.ii. [Mental element for Element 3] [Consequence of the infliction of severe physical or mental pain or suffering upon one or more persons]: The perpetrator was aware that severe physical or mental pain or suffering upon one or more persons will occur in the ordinary course of events.

The Trial Chamber in Delali? et al. observed that:

"[I]nhuman treatment is an intentional act or omission, that is an act which, judged objectively, is deliberate and not accidental, which causes serious mental or physical suffering or injury or constitutes a serious attack on human dignity. [...] Thus, inhuman treatment is intentional treatment which does not conform with the fundamental principle of humanity, and forms the umbrella under which the remainder of the listed 'grave breaches' in the Conventions fall."[1]

In Bla۫i?, the Trial Chamber noted that:

"[W]hen the offence was committed, the accused or his subordinate must have been motivated by the intent to inflict serious bodily or mental harm upon the victim."[2]

According to the Vasiljevi? Trial Chamber:

"The crime of inhumane acts, like inhumane treatment under Article 3, and cruel treatment under Article 2, functions as a residual category for serious charges which are not otherwise enumerated under Article 5. All of these offences require proof of the same elements. The elements to be proved are: [...] (iii) the act or omission was performed deliberately by the accused or a person or persons for whose acts and omissions he bears criminal responsibility."[3]