7.a. [Mental element for Element 5] [Conduct of killing:] The perpetrator meant to engage causing the death of one or more persons.

P.16. Evidence inferred from an utterance, a document or a deed.

P.17. Evidence inferred from a circumstance.

7.a. [Mental element for Element 3] [Conduct of killing:] The perpetrator meant to engage causing the death of one or more persons.

P.16. Evidence inferred from an utterance, a document or a deed.

P.17. Evidence inferred from a circumstance.

A. Evidentiary comment:

The elements of crimes equates "killing" with "causing death" (footnotes 2, 7, 8 and 31). This presumably is intended to mean "engaging in conduct which causes death". That is to say that killing itself involves two elements: a conduct element and a consequence element. (This is consistent with the approach of the ICTY Trial Chamber in Delalic, which held that the actus reus of killing is "the death of the victim as a result of the actions of the accused": para. 424.) For this reason application of article 30 should require it to be demonstrated that the perpetrator meant to engage in the conduct that caused the victim’s death.