Table of contents:
6. The perpetrator threatened to kill, injure or continue to detain such person or persons.
6.1.The perpetrator threatened to kill such person or persons; OR
6.2.The perpetrator threatened to injure such person or persons; OR
6.3.The perpetrator threatened to continue to detain such person or persons.
Element:
6. The perpetrator threatened to kill, injure or continue to detain such person or persons.
ICTY
The Blaškić Appeal Chamber noted that:
"the essential element in the crime of hostage-taking is the threat concerning detainees so as to obtain a concession or gain an advantage; a situation of hostage-taking exists when a person seizes or detains and threatens to kill, injure or continue to detain another person in order to compel a third party to do or to abstain from doing something as a condition for the release of that person."[1]
SCSL
The Sesay, Kallon and Gbao Trial Chamber found:
"there is evidence that RUF fighters threatened to kill, injure or detain captured UNAMSIL peacekeepers. Fighters including Kallon threatened to kill Major Jaganathan at least twice. After Sankoh's arrest, Kasoma and other captured peacekeepers at Yengema were repeatedly threatened and told that they could be killed at any time, their fates conditional on Sankoh's release."[2]
6.1.The perpetrator threatened to kill such person or persons; OR
6.2.The perpetrator threatened to injure such person or persons; OR
6.3.The perpetrator threatened to continue to detain such person or persons.
Footnotes:
[1] ICTY, Blaškić Appeal Chamber, 29 July 2004, para. 639.
[2] SCSL, Sesay, Kallon and GbaoTrial Judgment, 2 March 2009, para. 1963 (footnotes omitted).
