6.a. [Mental element for Element 3] [Conduct of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to engage in committing an act of a sexual nature against one or more persons or to engage in causing such person or persons to engage in an act of a sexual nature.

6.a.1.1. Evidence of committing an act of a sexual nature.

P.30. Evidence inferred from a utterance, a document or a deed.

P.30.1. Evidence of sexually molesting one or more persons.

P.30.2. Evidence of touching or grabbing a person or persons’ breast.

P.30.3. Evidence of touching or rubbing a person or persons’ inner thighs with a weapon.

P.30.4. Evidence of mutilating a person or person’s sexual characteristics.

P.30.5. Evidence of mutilating a person’s genitals.

P.30.6. Evidence of slicing off a person’s breasts.

P.30.7. Evidence of sexually torturing one or more persons.

P.30.8. Evidence of pouring boiling palm oil on a person’s vagina.

P.30.9. Evidence of subjecting a person or persons to sexual verbal abuse.

P.30.10. Evidence of subjecting a person or persons to humiliating sexual threats.

P.31. Evidence inferred from a circumstance.

6.a.1.2 Evidence of causing a person or persons to engage in an act of a sexual nature.

P.32. Evidence inferred from a utterance, a document or a deed.

P.32.1. Evidence of subjecting one or more persons to forced nudity.

P.32.2. Evidence of forcing a person or persons to perform exercices naked in public.

P.32.3. Evidence of forcing a person or persons to march around naked in public.

P.32.4. Evidence of forcing a person or persons to dance and strip naked in public.

P.32.5. Evidence of forcing a person or persons to bathe the perpetrator.

P.32.6. Evidence of forcing one or more persons to have sexual intercourse.

P.32.7. Evidence of forcing one or more persons to commit incest.

P.32.8. Evidence of forcing one or more persons to dress in provocative clothing.

P.33. Evidence inferred from a circumstance.

6.a. [Mental element for Element 3] [Conduct of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to engage in committing an act of a sexual nature against one or more persons or to engage in causing such person or persons to engage in an act of a sexual nature.

6.a.1.1. Evidence of committing an act of a sexual nature.

P.30. Evidence inferred from a utterance, a document or a deed.

P.30.1. Evidence of sexually molesting one or more persons.

A. Legal source/authority and evidence:

Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-T, Judgement (TC), 2 November 2001, para. 180:

“³⁴³Sexual violence would also include such crimes as sexual mutilation, forced marriage, and forced abortion as well as the gender related crimes explicitly listed in the ICC Statute as war crimes and crimes against humanity, namely “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization” and other similar forms of violence. Rome Statute of the International Criminal Court, UN Doc A/CONF.183/9, 17 July 1998, at Art. 7(1)(g), Art. 8(2)(b)(xxii), and Art. 8(2)(e)(vi).”

[B. Evidentiary comment:]

P.30.2. Evidence of touching or grabbing a person or persons’ breast.

P.30.3. Evidence of touching or rubbing a person or persons’ inner thighs with a weapon.

A. Legal source/authority and evidence:

Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-T, Judgement (TC), 2 November 2001, paras. 98-99:

“²³⁷ Sifeta Susic, T. 3020-3021.

²³⁸ Witness J, T. 4769; Zlata Cikota, T. 3337-3338.

²³⁹ Witness J, T. 4774-4775; Witness AT, T. 6083; Witness K, T. 4983; Witness A, T. 5486; Witness F, T. 5382; Sifeta Susic, T. 3018

²⁴⁰ Witness J, T. 4779-4782.

²⁴¹ Witness J, T. 4782-4783.”

Prosecutor v. Anto Furundžija, Case No. IT-95-17/1-T, Judgement (TC), 10 December 1998, para. 40:

[B. Evidentiary comment:]

P.30.4. Evidence of mutilating a person or person’s sexual characteristics.

A. Legal source/authority and evidence:

Update to the Final Report of the UN Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices During Armed Conflict, para. 16, U.N. Doc. No. E/CN.4/Sub.2/2000/21 (2000):

“Throughout the occupation, the rebels perpetrated organized and widespread sexual violence against girls and women. The rebels launched operations in which they rounded up girls and women, brought them to rebel command centres, and subjected them to individual and gang-rape. The sexual abuse was frequently characterized by extreme brutality. Young girls under seventeen, and particularly virgins, were specifically targeted, and hundreds of them were later abducted by the rebels”, p.9.”

[B. Evidentiary comment:]

P.30.5. Evidence of mutilating a person’s genitals.

P.30.6. Evidence of slicing off a person’s breasts.

A. Legal source/authority and evidence:

[B. Evidentiary comment:]

P.30.7. Evidence of sexually torturing one or more persons.

P.30.8. Evidence of pouring boiling palm oil on a person’s vagina.

P.30.9. Evidence of subjecting a person or persons to sexual verbal abuse.

P.30.10. Evidence of subjecting a person or persons to humiliating sexual threats.

A. Legal source/authority and evidence:

[B. Evidentiary comment:]

P.31. Evidence inferred from a circumstance.

6.a.1.2 Evidence of causing a person or persons to engage in an act of a sexual nature.

P.32. Evidence inferred from a utterance, a document or a deed.

P.32.1. Evidence of subjecting one or more persons to forced nudity.

P.32.2. Evidence offorcing a person or persons to perform exercices naked in public.

P.32.3. Evidence offorcing a person or persons to march around naked in public.

A. Legal source/authority and evidence:

Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, paras. 428, 436, 686:

[B. Evidentiary comment:]

P.32.4. Evidence of forcing a person or persons to dance and strip naked in public.

A. Legal source/authority and evidence:

[B. Evidentiary comment:]

P.32.5. Evidence of forcing a person or persons to bathe the perpetrator.

P.32.6. Evidence of forcing one or more persons to have sexual intercourse.

P.32.7. Evidence of forcing one or more persons to commit incest.

A. Legal source/authority and evidence:

Prosecutor v. Zejnil Delalić et al., Case No. IT-96-21-T, Judgement (TC), 16 November 1998, paras. 1065-1066:

[B. Evidentiary comment:]

P.32.8. Evidence of forcing one or more persons to dress in provocative clothing.

P.33. Evidence inferred from a circumstance.