6.a. [Mental element for Element 5] [Conduct of deporting or transferring one or more persons to another State or to another location]: The perpetrator meant to engage in the deportation or transfer of one or more persons to another State or to another location.

6.a. [Mental element for Element 5] [Conduct of deporting or transferring one or more persons to another State or to another location]: The perpetrator meant to engage in the deportation or transfer of one or more persons to another State or to another location.

"The Trial Chamber observes in respect of the mens rea that the intent requirements for deportation have not been discus sed exhaustively in the jurisprude nce of the Tribunal. Intent, regardless of whether in the special form required for the crime of genocide or the more common forms required for the other crimes under the jurisdiction of the Tribunal, is generally difficult to establish and recourse to the sum of all established facts and circumstances is necessary. For this Trial Chamber, all the objective elements identified above must be covered by the intent of the perpetrator. This approach is fully consonant with the aim of prohibiting the practice of ethnic cleansing."[1]

"The Appeals Chamber has held that the offences of deportation and forcible transfer do not require intent that the victims be displaced permanently, only that they be intentionally displaced. As with the knowledge requirement for all crimes against humanity and the specific intent requirement for persecution, the Chamber notes that the intent to displace the victims may be that of either the physical perpetrator or the planner, orderer, or instigator of the physical perpetrator's conduct, or a member of the joint criminal enterprise."[2]