9.c [Mental element for Element 5] [Circumstance of lack of justification:] The perpetrator was aware that the mutilation was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor carried out in such person’s or persons’ interests.

P.29. Evidence inferred from an utterance, a document or a deed.

P.29.1. Evidence inferred from singing songs while committing mutilating acts.

P.30. Evidence inferred from a circumstance.

P.30.1. Evidence inferred from having a person’s mouth covered to stem screams.

P.30.2. Evidence inferred from fashion of removal.

P.30.3. Evidence inferred from taking action despite victims pleas.

9.c [Mental element for Element 5] [Circumstance of lack of justification:] The perpetrator was aware that the mutilation was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor carried out in such person’s or persons’ interests.

P.29. Evidence inferred from an utterance, a document or a deed.

P.29.1. Evidence inferred from singing songs while committing mutilating acts.

A. Legal source/authority and evidence:

Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, para. 294:

"294. On their way to the gathering places many witnesses saw roadblocks where the perpetrators separated Tutsis from the Hutus. Once the Tutsis reached these places they were injured, mutilated and some of the women were raped. In the end the Tutsis were massacred by Hutu assailants who sang songs whose lyrics exhorted extermination during the attacks. These attackers were armed and led by local government officials and other public figures. The fact that these massacres occurred is not in dispute. In fact, Kayishema testified that he and others engaged in a clean-up operation after the massacres."

[B. Evidentiary comment:]

P.30. Evidence inferred from a circumstance.

P.30.1. Evidence inferred from having a person’s mouth covered to stem screams.

P.30.2. Evidence inferred from fashion of removal.

P.30.3. Evidence inferred from taking action despite victims pleas.

A. Legal source/authority and evidence:

Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, para. 163:

"163. …There is no doubt that by these words, the Accused was ordering the murder of each of the 15 Tutsi survivors, given that once these words were uttered, the attackers attacked the survivors with machetes, with two of them mutilating Witness TAX, despite her pleas, leaving her for dead."

[B. Evidentiary comment:]