It’s important to know that there is no reason to memorize all the elements of a crime. It’s more important that you understand the principle that every base crime, international crime, and mode of liability can be broken down into elements. Each element must be proved by a prosecutor to secure a conviction. LAW ELEMENTS OF A CRIME: EXAMPLE MATRIX This example outlines the elements of “Torture” (base crime) as a “Crime Against Humanity” (international crime), committed by “Command Responsibility” (mode of liability). There are 18 elements that must be proved in this example. PHYSICAL ACTIONS also known as Material Elements of the Crime and Actus Reus WHAT: Elements of the Base Crime TORTURE 1. The accused inflicted severe physical or mental pain or suffering upon one or more persons. 2. The person or persons were in the custody or under the control of the perpetrator(s). WHAT: Elements of the Int’l Crime CRIMES AGAINST HUMANITY The conduct was committed as part of: 4. an attack that was 5. widespread or systemic and 6. perpetrated against civilians. 3. The pain and suffering did not arise from lawful sanctions. HOW: Elements of the Mode of Liability COMMAND RESPONSIBILITY 7. The accused was a military commander or a person effectively acting as a commander of the forces that committed the crime. 8. The forces that committed the crime were under the effective command control or effective authority of the accused. 9. The crime was committed by such forces as a result of the failure of the accused to exercise control properly over his/her forces. 10. The military commander or de facto authority failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. MENTAL STATE also known as Mental Elements of the Crime and Mens Rea The accused: 11. Meant to inflict severe physical or mental pain or suffering. 12. Was aware severe physical or mental pain would be caused in the ordinary course of the events. 13. Was aware that the persons were under his/her custody or control. The accused knew that the conduct was part of or intended the conduct to be: 14. an attack that was 17. The military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes. 15. widespread or systemic and 16. perpetrated against civilians. 33 VIDEO AS EVIDENCE: ANATOMY OF A CRIME V 1.0