"he notion of other inhumane acts is circumscribed by two requirements. The perpetrator inflicted great suffering, or serious injury to body or to mental or physical healthīy citing the International Law Commission commentary, the Tadić Trial Chamber held that: In the opinion of the Trial Chamber, this category should not simply be utilised by the Prosecution as an all-encompassing, 'catch-all' category." ĥ.1. This important category of crimes is reserved for deliberate forms of infliction with (comparably serious) inhumane results that were intended or foreseeable and done with reckless disregard. "For the accused to be found guilty of crimes against humanity for other inhumane acts they must, inter alia, commit commit an act of similar gravity and seriousness to the other enumerated crimes, with the intention to cause the inhumane act. The Kayishema Trial Judgement observed that: 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." 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. IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, para. The elements to be proved are: (i) the occurrence of an act or omission of similar seriousness to the other enumerated acts under the Article " All of these offences require proof of the same elements. "The crime of inhumane acts, like inhumane treatment under Article 3, and cruel treatment under Article 2, functions as a residual category for serious charges which are not otherwise enumerated under Article 5. The Vasiljević Trial Chamber stated that: "s a minimum, 'other inhumane acts' must consist of acts inflicted upon a human being ans must be of a serious nature." "nhuman treatment is an intentional act or omission that is an act which, judged objectively, is deliberate and not accidental, which causes serious mental or physical suffering or injury or constitutes a serious attack on human dignity." The perpetrator inflicted great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act.Īs noted by the Trial Chamber in Delalić et al.
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