6.a. [Mental element for Element 5] [Conduct of killing]: The perpetrator meant to engage in killing of one or more persons.

6.a. [Mental element for Element 5] [Conduct of killing]: The perpetrator meant to engage in killing of one or more persons.

ICTY

The Trial Chamber in Orić held that:

"Intent to kill is required in order to fulfil the mens rea of murder. This includes proof of a mental state wherein the perpetrator foresees as more likely than not that the death of the victim could occur as a consequence of his act or omission, and he nevertheless accepts the risk. Negligence and gross negligence do not satisfy the mens rea requirement. Further, premeditation is not a mens rea requirement."[1]

In Martić, the Trial Chamber stated that:

"The mens rea of murder is the intent to kill, including indirect intent, that is the knowledge that the death of the victim was a probable consequence of the act or omission. This Trial Chamber does not consider it to be sufficient that the perpetrator knew that death would be a possible consequence of his act or omission. In connection with the identity of victims, it is not required for the perpetrator to have intended to target a certain individual; indiscriminate intent to kill whoever is fatally injured as a result of his action is sufficient."[2]

In the Lukić and Lukić case, the Trial Chamber explained that:

"Rather, it is sufficient that the perpetrator intended indiscriminately to kill whoever would be fatally injured as a result of his action."[3]

ICTR

As stated by the Trial Chamber in Ndindiliyimana et al.

"Murder is the unlawful, intentional killing of a human being. There is no requirement that the killing be premeditated, only that the killing be intentional."[4]

SCSL

The Fofana and Kondewa Trial Chamber found:

"We find that individuals were intentionally killed; in the majority of cases they were specifically targeted because of the perpetrator's belief that they were 'collaborators' or rebells." "[5]