5.a. [Mental element for Element 3] [Conduct of invading]: The perpetrator meant to invade the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other.

P.17. Evidence inferred from an utterance, a document or a deed.

5.a. [Mental element for Element 3] [Conduct of invading]: The perpetrator meant to invade the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other.

P.17. Evidence inferred from an utterance, a document or a deed.

A. Legal source/authority and evidence:

Prosecutor v. Dragoljub Kunarac et al., Cases No. IT-96-23-T and IT-96-23/1-T, Judgement (TC), 22 February 2001, paras. 589, 647, 701:

“589. […] Vukovic also knew of the rapes which were being perpetrated, as he himself raped FWS-50 that very day in Buk Bijela. Although this rape is not charged in Indictment IT-96-23/1 and will not be considered for conviction or sentencing purposes, it shows Vukovic’s knowledge of and willing participation in the attack upon the Muslim civilians.”

“647. On the evidence accepted, the Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that the accused Dragoljub Kunarac took D.B. out of Partizan and drover her to Ulica Osmana Dikica no 16 together with “Gaga”. The Trial Chamber accepts that D.B. was raped there first by “Gaga” and two other men and then forced to have sexual intercourse with Dragoljub Kunarac because she had been threatened with death by “Gaga”. The Trial Chamber is satisfied beyond reasonable doubt that Dragoljub Kunarac had sexual intercourse with D.B. in the full knowledge that she did not freely consent. The Trial Chamber also accepts that the accused Kunarac was fully aware of the rapes inflicted upon D.B. by the other soldiers.”

“701. The Trial Chamber is also satisfied beyond reasonable doubt that, sometime in either September or October 1992, Dragoljub Kunarac went to “Karaman’s house” and took FWS-87 to a room on the upper floor of the house where he forced her to have sexual intercourse in the knowledge that she did not consent.”

Prosecutor v. Zejnil Delalić et al, Case No. IT-96-21-T, Judgement (TC), 16 November 1998, para. 962:

“962. The Trial Chamber finds that acts of vaginal penetration by the penis and anal penetration by the penis, under circumstances that were undoubtedly coercive, constitute rape. These rapes were intentionally committed by Hazim Delic who was an official of the Bosnian authorities running the prison-camp.”