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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)-4 Torture » 8.b.ii. [Mental element for Element 6] [Consequence of inflicting pain or suffering for such purposes]: The perpetrator was aware that he or she would obtain information or a confession, punish , intimidate or coerce or inflict pain or suffering for any

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E.8.b.ii. [Mental element for Element 6] [Consequence of inflicting pain or suffering for such purposes]: The perpetrator was aware that he or she would obtain information or a confession, punish , intimidate or coerce or inflict pain or suffering for any reason based on discrimination of any kind in the ordinary course of events.

Element:

E.8.b.ii. [Mental element for Element 6] [Consequence of inflicting pain or suffering for such purposes]: The perpetrator was aware that he or she would obtain information or a confession, punish , intimidate or coerce or inflict pain or suffering for any reason based on discrimination of any kind in the ordinary course of events.

[1] It should be noted that human rights courts have different standards of proof. The shifting of the burden of proof to a State as explained in the above case is strictly prohibited under the ICC Statute.

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