Our authors

Our Books
More than 865 authors
from all continents

Historical Origins of International Criminal Law
Historical Origins of
International Criminal Law

pficl
Philosophical Foundations of
International Criminal Law

Policy Brief Series

pbs
Concise policy briefs on policy challenges in international law

Quality Control
An online symposium

Our Chinese and Indian authors

li-singh
TOAEP has published more than 80 Chinese and Indian authors

atonement
Art and the ‘politics
of reconciliation’

Integrity in international justice
Symposium on integrity
in international justice

HomeIcon  FilmIcon  FilmIcon  CILRAP Circulation List TwitterTwitter PDFIcon

Element:

8.a. [Mental element for Element 5] [Conduct of inflicting severe physical or mental pain or suffering upon one or more persons]: The perpetrator meant to engage in the infliction of severe physical or mental pain or suffering upon one or more persons.

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, paras. 494, 526:

"494. The category of “other inhumane acts” contained in Article 5(i) of the Statute is a residual category of crimes against humanity which includes serious criminal acts that are not exhaustively enumerated in Article 5. The following elements are required for an act or omission to constitute an inhumane act under Article 5(i): (i) there was an act or omission of similar seriousness to the other enumerated acts under Article 5; (ii) the act or omission caused serious mental or physical suffering or injury or constituted a serious attack on human dignity; and (iii) the act or omission was committed with the intent to inflict serious physical or mental suffering or to commit a serious attack on the human dignity of the victim(s), or with the knowledge that this act or omission was likely to cause such suffering or a serious attack upon human dignity."

"526. In relation to forced labour, the perpetrator must have intended the victim to perform prohibited work involuntarily. In the absence of direct evidence, intent can be inferred from the circumstances in which the labour was performed. In relation to the use of human shields, the perpetrator must intend to shield a military objective from attack or shield, favour, or impede military operations."

Footnotes:

Lexsitus

Lexsitus logo

CILRAP Film
More than 530 films
freely and immediately available

CMN Knowledge Hub

CMN Knowledge Hub
Online services to help
your work and research

CILRAP Conversations

Our Books
CILRAP Conversations
on World Order

M.C. Bassiouni Justice Award

M.C. Bassiouni Justice Award

CILRAP Podcast

CILRAP Podcast

Our Books
An online symposium

Power in international justice
Symposium on power
in international justice

Interviewing
A virtual symposium