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Element:

6. The conditions of life were calculated to bring about the physical destruction of that group, in whole or in part.

P.25. Evidence of objective probability that the conditions of life were calculated to bring about the physical destruction of the group.

According to the Stakić Trial Chamber:

"'Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part' under sub-paragraph (c) does not require proof of a result."[1]

The Akayesu Trial Chamber noted that:

"[t]he expression deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, should be construed as the methods of destruction by which the perpetrator does not immediately kill the members of the group, but which, ultimately, seek their physical destruction."[2]

According to the Kayishema and Ruzindana Trial Chamber:

"The Trial Chamber concurs with the explanation within the Draft Convention, prepared by the U.N. Secretariat which interpreted this concept [deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part] to include circumstances which will lead to a slow death, for example, lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion."[3]

P.25.1. Evidence of the nature of the conditions of life imposed.

P.25.2. Evidence of the length of time for which the conditions of life were imposed.

P.25.3. Evidence of the characteristics of the members of the targeted group.

P.26. Not required: Direct evidence that the conditions of life were calculated to bring about the physical destruction of the group.

P.27. Not required: Evidence of the actual physical destruction of the group.

P.28. Not sufficient: Evidence that the conditions of life were intended to cause the dissolution of the group.

Footnotes:

[2] ICTR, Prosecutor v. Akayesu, "Judgement", ICTR-96-4-T, 2 September 1998, para. 505. See also ICTY, Prosecutor v. Stakić ("Prijedor"), "Judgement", IT-97-24-T, 31 July 2003, para. 517.

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