6.a. [Mental element for element 5] [Conduct of killing]: The perpetrator meant to engage in killing one or more persons

6.a. [Mental element for element 5] [Conduct of killing]: The perpetrator meant to engage in killing one or more persons

The Akayesu Trial Chamber noted that:

"[With regard to Article 2(2) (a) of the Statute, like in the Genocide Convention, the Chamber notes that the said paragraph states "meurtre" in the French version while the English version states "killing". The Trial Chamber is of the opinion that the term "killing" used in the English version is too general, since it could very well include both intentional and unintentional homicides, whereas the term "meurtre", used in the French version, is more precise. It is accepted that there is murder when death has been caused with the intention to do so, as provided for, incidentally, in the Penal Code of Rwanda which stipulates in its Article 311 that "Homicide committed with intent to cause death shall be treated as murder"."[1]

"Given the presumption of innocence of the accused, and pursuant to the general principles of criminal law, the Chamber holds that the version more favourable to the accused should be upheld and finds that Article 2(2) (a) of the Statute must be interpreted in accordance with the definition of murder given in the Penal Code of Rwanda, according to which "meurtre" (killing) is homicide committed with the intent to cause death. The Chamber notes in this regard that the travaux preparatoires of the Genocide Convention, show that the proposal by certain delegations that premeditation be made a necessary condition for there to be genocide, was rejected, because some delegates deemed it unnecessary for premeditation to be made a requirement; in their opinion, by its constitutive physical elements, the very crime of genocide, necessarily entails premeditation."[2]

The Kayishema and Ruzindana Trial Chamber stated:

"The Chamber observes that the Akayesu Judgement does not fully define the term ?killing.' It is the opinion of the Trial Chamber that there is virtually no difference between the term "killing" in the English version and"meurtre' in the French version of Article 2 (2)(a) of the Statute within the context of genocidal intent. Hence 'killing' or 'meurtre' should be considered along with the specific intent of genocide, that is, the intention to destroy in whole or in part, a national, ethnical, racial or religious group as such."[3]