8.a [Mental element for Element 5] [Conduct of deportation or forcible transfer]: The perpetrator meant to engage in the deportation or forcible transfer, without grounds permitted under international law, of one or more persons to another State or location, by expulsion or other coercive acts.

8.a [Mental element for Element 5] [Conduct of deportation or forcible transfer]: The perpetrator meant to engage in the deportation or forcible transfer, without grounds permitted under international law, of one or more persons to another State or location, by expulsion or other coercive acts.

Prosecutor v. Jadranko Prlić, Case No. IT-04-74-T, Judgement (TC), 29 May 2013, paras. 57-58: 

"57. Neither deportation nor forcible transfer requires that the perpetrator have the intent to remove the victim permanently."

"58. The mens rea for these two crimes is present when the perpetrator of the forcible removal intended to remove the victims by force. In the case of deportation, the perpetrator must, in addition, have had the intent to carry out the removal by crossing a de jure or de facto border."

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."