M.4. The perpetrator intended that the crime would be committed.

M.4.1. The perpetrator meant to engage in the conduct that would result in commission of crime thorough another person;

M.4.2. The perpetrator meant to cause the consequence of crime through another person; OR

M.4.3. The perpetrator was aware that the consequence will occur in the ordinary course of events.

M.4.4. The perpetrator was aware of the circumstance of the crime

M.4. The perpetrator intended that the crime would be committed.

M.4.1. The perpetrator meant to engage in the conduct that would result in commission of crime thorough another person;

In the Katanga and Chui Confirmation Decision it was held that:

"The suspect carrys out the subjective elements of the crimes with which they are charged, including any required dolus specialis or ulterior intent for the type of crime involved."[1]

M.4.2. The perpetrator meant to cause the consequence of crime through another person; OR

M.4.3. The perpetrator was aware that the consequence will occur in the ordinary course of events.

M.4.4. The perpetrator was aware of the circumstance of the crime

According to the Katanga and Chui Confirmation Decision:

"The suspects are mutually aware that implementing their common plan will result in the realization of the objective elements of the crime;"[2]

"The suspects undertake such activities with the specific intent to bring about the objective elements of the crime, or are aware that the realization of the objective elements will be a consequence of their acts in the ordinary course of events."[3]

"The suspects must be aware of the factual circumstances enabling them to exercise joint control over the crime or joint control over the commission of the crime through another person. This requires that each suspect was aware: (i) of his essential role in the implementation of the common plan; (ii) of his ability – by reason of the essential nature of his task – to frustrate the implementation of the common plan, and hence the commission of the crime, by refusing to activate the mechanisms that would lead almost automatically to the commission of the crimes."[4]