LAW THE LAW: DISSECTING A CRIME If you hope to use video to hold perpetrators accountable for human rights crimes or free someone who is falsely accused, it’s important to understand the basic structure of a crime. All over the world, to hold someone accountable for the commission of a crime, a lawyer must prove: • what “crime” was committed—murder, torture, rape, property damage, hate speech, etc.; • who did it—the identity of the perpetrator; and • how the perpetrator participated in the commission of the crime. The legal terms for this are “mode of liability” (MOL) or “form of participation.” In a conflict or mass-atrocity situation, a lawyer may also need to prove that the crime is not only a domestic crime but an international crime (and thus, considered even more serious) by proving the crime is: • a war crime, • a crime against humanity, or • genocide. Every crime and MOL is broken down into very specific elements that consist of “physical acts” and “mental state.” • “Physical acts” are the specific action(s) a person must take towards the commission of a crime to be held accountable for the crime. This is also referred to as “material elements” or “Actus Reus” in some parts of the world. Examples: The perpetrator “inflicted pain,” “killed,” “forcibly transferred,” “caused,” “deprived,” “seriously endangered,” “failed to act to protect,” etc. • “Mental state” is the person’s state of mind when they were committing the crime. It is their intent. This is also referred to as “mental elements” or “Mens Rea”. Examples: The perpetrator “knew,” “was aware,” “intended,” “meant to,” etc. To secure a conviction, a lawyer must prove every element of the crime, one by one, with certainty. If there are twenty elements and the lawyer proves only nineteen, then the accused must not be found not guilty. FOR MORE INFORMATION To learn about “Modes of Liability” or “How” a person can participate in the commission of a crime see “Proving Responsibility: Filming Linkage and Notice Evidence” at vae.witness.org. 32 VIDEO AS EVIDENCE: ANATOMY OF A CRIME V 1.0