CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 6 Genocide » Art. 6(b) Bodily or mental harm
Art. 6(b) Genocide by causing serious bodily or mental harm
- 1. Such person or persons belonged to a particular national, ethnical, racial or religious group.
- 2. [Mental element, specific] The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.
- 3. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.
- 4. [Mental element for element 3] [Circumstance of context:] The perpetrator was aware that the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 5. The perpetrator caused serious bodily and mental harm to one or more persons.3
- 6.a. [Mental Element for Element 5] [Conduct of causing serious bodily and mental harm to one or more persons:] The perpetrator meant to engage in conduct which caused serious bodily and mental harm to one or more persons.
- 6.b.i. [Mental Element for Element 5] [Consequence of causing serious bodily and mental harm:] The perpetrator meant to cause serious bodily and mental harm to one or more persons; OR.
- 6.b.ii. [Mental Element for Element 5] [Consequence of causing serious bodily or mental harm:] The perpetrator was aware that the conduct which caused serious bodily or mental harm to one or more persons would occur in the ordinary course of events.
