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