8.b.i [Mental element for Element 5] [Consequence of deportation or forcible transfer]: The perpetrator meant to cause one or more persons to be deported or forcibly transferred, without grounds permitted under international law, to another State or location, by expulsion or other coercive acts; OR.

8.b.i [Mental element for Element 5] [Consequence of deportation or forcible transfer]: The perpetrator meant to cause one or more persons to be deported or forcibly transferred, without grounds permitted under international law, to another State or location, by expulsion or other coercive acts; OR.

In the Dorđević Appeals Judgement, the Appeals Chamber held that:

"The Appeals Chamber recalls that the mens rea of the crimes of deportation and other inhumane acts (forcible transfer) does not require intent to displace on a permanent basis."[1]

Prosecutor v. Jovica Stanišić and Franko Simatović, Case No. IT-03-69-T, Judgement (TC), 30 May 2013, para. 995: 

"995. The perpetrator of deportation or forcible transfer must intend to forcibly displace the persons, however, the intent need not be to displace on a permanent basis."

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."