KEY DEFINITIONS
LAW
Base Crime: An act or omission that constitutes an offense and is punishable by law. Some
examples would include murder, torture, rape, pillaging, slavery, denial of a fair trial, attacking
protected objects, violation of fair wage laws, illegal evictions, election fraud, etc.
International Crime: For a base crime to become an international crime, lawyers also
have to prove the context in which the crime was committed. There are three recognized
international crimes. They are:
War Crimes: These are base crimes (e.g., murder, torture, rape, pillaging, slavery, denial
of a fair trial, attacking protected objects) that are committed in wartime.
Crimes Against Humanity: These are base crimes (e.g., murder, torture, rape, pillaging,
slavery, denial of a fair trial, attacking protected objects) that are widespread or
systematic and committed against civilians. They can be committed in either wartime or
peacetime.
Genocide: The intent to destroy all or part of a group of people based on their
nationality, ethnicity, race, or religion by killing, causing serious bodily or mental harm,
deliberately inflicting conditions of life calculated to destroy a group, prevention of
births, or forcibly transferring children from the group.
CATEGORIES OF ELEMENTS OF A CRIME
When a lawyer wants to prove their case, they need to prove two parts: i) that the underlying
physical act occurred; and ii) the perpetrator had the required intent to commit the crime.
The “Physical Act“ is sometimes called the “Material Element“ or “Actus Reus.“ It means the
specific action(s) a person must take towards the commission of a crime. A person’s intent
or “Mental State“ is referred to as the “Mental Elements“ or “Mens Rea.“ It is simply what the
person is thinking when they were committing the crime—did they intend to commit the
crime or was it an accident?
Elements of a Crime: Every crime can be broken down into specific elements (or parts) that
need to be proved. To secure a conviction, a lawyer must prove each element one by one. For
example, to prove a defendant is guilty of the crime of “attacking protected objects,” a lawyer
has to prove:
• The defendant directed an attack.
• The target of the attack was a building(s) dedicated to religion, education, art, science,
charity, or was a historic monument and/or served as a hospital.
• The target of the attack was not a military target.
• The defendant knew that such a building(s) were dedicated to religion, education, art,
science, charity, or was a historical, monument and/or served as a hospital.
FOR MORE
INFORMATION
To learn about
“Modes of Liability,”
see “Proving
Responsibility:
Filming Linkage and
Notice Evidence” at
vae.witness.org.
Mode of Liability or Form of Participation: These are legal terms for “how” someone
participated in the commission of a crime—or in other words, what their role was in the
commission of the crime (e.g., individual perpetration, joint perpetration, conspiracy, aiding
and abetting, instigating, ordering, command responsibility, etc.).
30 VIDEO AS EVIDENCE: ANATOMY OF A CRIME V 1.0
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