CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(c) War crimes » Art. 8(2)(c)(i)-2 Mutilation » 7.b.ii. [Mental element for Element 5] [Consequence of subjecting to mutilation:] The perpetrator was aware that mutilation would occur in the ordinary course of events.

Element:

7.b.ii. [Mental element for Element 5] [Consequence of subjecting to mutilation:] The perpetrator was aware that mutilation would occur in the ordinary course of events.

P.19. Evidence inferred from an utterance, a document or a deed.

P.19.1. Evidence of ordering a mutilation.

A. Legal source/authority and evidence:

Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003 para. 131:

"131. For example, contrary to the Appellant's submission, the witness did specify how far he was from the Appellant when the Appellant ordered mutilation of the woman's corpse: five meters."

B. [Evidentiary comment:]

P.20. Evidence inferred from a circumstance.

P.20.1. Evidence inferred from display of disrespect for the breast removed.

A. Legal source/authority and evidence:

Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 678:

"678. [] The Chamber therefore finds that Ntenzireyerimye and Uyamuremye, members of the Interahamwe, mutilated a Tutsi girl named Nyiramburanga by cutting off her breast and then licking it, on the morning of 7 April 1994 in Rwankeri cellule."

B. [Evidentiary comment:]

P.20.2. Evidence inferred from attacking unarmed persons with machetes, grenades and guns.

A. Legal source/authority and evidence:

Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, para. 154:

"154. The Chamber also finds that the attackers attacked the refugees at the parish with grenades, guns and machetes up to about 7 p.m., killing, wounding and mutilating a number of them."

B. [Evidentiary comment:]

P.20.3. Evidence inferred from fashion of removal.