6.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.

6.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.

ICTY

In the Prlić and al. case, the Trial Chamber said:

"The mental element of this offense requires that the perpetrator acted with the direct or indirect intent to commit cruel treatments. According to the Chamber in the Limaj case, the perpetrator acted with the indirect intent to commit cruel treatments when he was aware that cruel treatments would be the probable consequence of his conduct, and he accepted that fact." "[1]

ICTR

The Trial Chamber in Ntagerura et al. stated that:

"The Chamber has no doubt, however, that the soldiers' mistreatment of the detained refugees was intentional and that, because of its long duration and the way it was carried out, it caused serious physical suffering to the victims. Consequently, the Chamber finds that this mistreatment constituted cruel treatment within the scope of Article 4(a) of the Statute."[2]