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More than authors from all continents. Historical Origins of International Criminal Law. Philosophical Foundations of International Criminal Law. Four-page briefs on policy challenges in international law. An online library. Online library on integrity in international justice. The perpetrator killed2 one or more persons. Evidence of death caused by conditions of life in detention centres. Evidence of death caused by conditions of life in ghettos. Evidence of death caused by deprivation of medical services.
Evidence of death caused by destruction of villages and crops. Evidence of dead bodies seen soon after killings by eyewitnesses. Evidence of exhumed bodies identified by eyewitnesses. Evidence of exhumed bodies examined by forensic experts. Evidence of specific people whom were never seen again. Evidence of forensic examination showing human blood, tissue or bone. Evidence of the cause of death.
This element is common to articles 6 a genocide by killing , 7 1 a the crime against humantiy of murder , 7 1 b the crime against humanity of extermination , 8 2 a i the war crime of wilful killing and 8 2 c i -1 the war crime of murder. In the three of those crimes the element contains a footnote foonotes 2, 7, and 31 respectively clarifying that "[t]he term "killed" is interchangeable with the term "caused death. It follows that "killed" in this element has the same meaning as "caused the death of".
It is not clear whether this will also be a requirement under the Rome Statute. The question has also arisen before the ICTY as to whether the elements of the various crimes involving killing are the same. It is indeed rational that this element be interpreted consistently with respect to all crimes which contain a reference to it. As a general criterion of interpretation, it is suggested that where the same phrase is used throughout the Elements of Crimes, there should be a presumption that it is intended to be interpreted consistently.