Table of contents:
5.1. Causing great physical or mental pain or suffering; OR
5.1.1. Evidence of causing, by act or omission, great physical pain or suffering.
5.1.2. Evidence of causing, by act or omission, great mental pain or suffering.
5.1.3. The seriousness of the pain or suffering inflicted.
5.2. Causing serious injury to body or health.
5.2.1. Evidence of causing, by act or omission, injury to body or health.
Element:
5.1.Ca using great physical or mental pain or suffering; OR
5.1.1. Evidence of causing, by act or omission, great physical pain or suffering.
5.1.2. Evidence of causing, by act or omission, great mental pain or suffering.
5.1.3. The seriousness of the pain or suffering inflicted.
"[...] when ascertaining the meaning of the term "serious" in the absence of other interpretive material, the Trial Chamber must look to the plain ordinary meaning of the word. The Oxford English Dictionary defines this word as "not slight or negligible". Similarly, the term "great" is defined as "much above average in size, amount or intensity". The Trial Chamber therefore views these quantitative expressions as providing for the basic requirement that a particular act of mistreatment results in a requisite level of serious suffering or injury."[1]
"[...] serious harm need not cause permanent and irremediable harm, but it must involve harm that goes beyond temporary unhappiness, embarrassment or humiliation. It must be harm that results in a grave and long-term disadvantage to a person's ability to lead a normal and constructive life. In subscribing to the above case-law, the Chamber holds that inhuman treatment, torture, rape, sexual abuse and deportation are among the acts which may cause serious bodily or mental injury."[2]
5.2.Ca using serious injury to body or health.
5.2.1. Evidence of causing, by act or omission, injury to body or health.
Footnotes:
[2] ICTY, Krstić Trial Judgment 2 August 2001, para. 513.
