Case No. ICTR-96-4-T - International Criminal Tribunal for Rwanda

591. The Chamber considers that extermination is a crime against humanity, pursuant toArticle 3 (c) of the Statute. Extermination is a crime which by its very nature is directedagainst a group of individuals. Extermination differs from murder in that it requires anelement of mass destruction which is not required for murder.592. The Chamber defines the essential elements of extermination as the following :1. the accused or his subordinate participated in the killing of certain named or describedpersons;2. the act or omission was unlawful and intentional.3. the unlawful act or omission must be part of a widespread or systematic attack;4. the attack must be against the civilian population;5. the attack must be on discriminatory grounds, namely: national, political, ethnic, racial,or religious grounds.Torture593. The Chamber considers that torture is a crime against humanity pursuant to Article3(f) of the Statute. Torture may be defined as :..any act by which severe pain or suffering, whether physical or mental, is intentionallyinflicted on a person for such purposes as obtaining from him or a third personinformation or a confession, punishing him for an act he or a third person has committedor is suspected of having committed, or intimidating or coercing him or a third person, orfor any reason based on discrimination of any kind, when such pain or suffering isinflicted by or at the instigation of or with the consent or acquiescence of a public officialor other person acting in an official capacity.'149594. The Chamber defines the essential elements of torture as :(i) The perpetrator must intentionally inflict severe physical or mental pain or sufferingupon the victim for one or more of the following purposes:(a) to obtain information or a confession from the victim or a third person;(b) to punish the victim or a third person for an act committed or suspected of havingbeen committed by either of them;(c) for the purpose of intimidating or coercing the victim or the third person;(d) for any reason based on discrimination of any kind.(ii) The perpetrator was himself an official, or acted at the instigation of, or with theconsent or acquiescence of, an official or person acting in an official capacity.595. The Chamber finds that torture is a crime against humanity if the following furtherelements are satisfied :(a) Torture must be perpetrated as part of a widespread or systematic attack;(b) the attack must be against the civilian population;(c) the attack must be launched on discriminatory grounds, namely: national, ethnic,racial, religious and political grounds.Rape596. Considering the extent to which rape constitute crimes against humanity, pursuant toArticle 3(g) of the Statute, the Chamber must define rape, as there is no commonly