5. [Particular mental element for Element 4] The perpetrator was aware that the nature of the bullets was such that their employment would uselessly aggravate suffering or the wounding effect.

5. [Particular mental element for Element 4] The perpetrator was aware that the nature of the bullets was such that their employment would uselessly aggravate suffering or the wounding effect.

A. Evidentiary comment:

Article 3(a) of the ICTY Statute deals with the employment of poisonous weapons or other weapons calculated to cause unnecessary suffering. However "no charges have been brought in relation to this offence at either Tribunal, although there were allegations during the war in Bosnia that such weapons might have been used. The only pronouncement relevant to this crime consists in an obiter dictum of the Appeals Chamber in the Tadic case where it said that the use of such weapons would be regarded as a violation of international law that would entail individual criminal responsibility, whether it took place in an internal or international armed conflict." (See Tadić Jurisdiction decision, paras. 119-124) (Guena?l Mettraux, "International Crimes and the Ad Hoc Tribunals, OUP 2005, p. 91, footnotes omitted.)