7. [Particular mental element for Element 4]: The perpetrator was aware of factual circumstance that established the lawfulness of such presence.

7. [Particular mental element for Element 4]: The perpetrator was aware of factual circumstance that established the lawfulness of such presence.

The Stakić Trial Chamber observed:

"[W]ith regard to a subsequent legal evaluation of the behaviour of a warring party, assistance by humanitarian agencies is not a factor rendering a displacement lawful."[1]

Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, para. 493:

493. The mens rea required for deportation is the intent to forcibly displace the population across a de jure or de facto border. The mens rea for the crime of forcible transfer is the intent to forcibly displace the population within a national border. Deportation and forcible transfer do not require intent that the victims be displaced permanently, only that they be intentionally displaced.