8.b.ii. [Mental element for Element 5] [Consequence of holding hostage]: The perpetrator was aware that one or more persons would be seized, detained or otherwise held hostage in the ordinary course of events.

8.b.ii. [Mental element for Element 5] [Consequence of holding hostage]: The perpetrator was aware that one or more persons would be seized, detained or otherwise held hostage in the ordinary course of events.

"the Appeals Chamber has articulated the mens rea applicable to ordering a crime under Article 7(1) of the Statute, in the absence of direct intent: a person who orders an act or omission with the awareness of the substantial likelihood that a crime will be committed in the execution of that order has the requisite mens rea for establishing liability for ordering the crime under Article 7(1) of the Statute. Ordering with such awareness has to be regarded as accepting that crime."[1]