V. Legal Framework and Analysis 108 “crystallise and develop as actions are set in train and undertaken by the perpetrators.”489 According to Katanga, “policy”— within the meaning of Article 7(2)(a) of the Rome Statute—refers “essentially to the fact that a State or organisation intends to carry out an attack against a civilian population, whether through action or deliberate failure to take action.” The organization’s policy can be inferred from factors including: (1) that the attack was planned, directed or organized; (2) a recurrent pattern of violence; (3) the involvement of the state or organizational forces in the commission of crimes; (4) an underlying motive; (5) the use of public or private resources to further the policy; and/or (6) statements, instructions or documentation attributable to the state or the organization condoning or encouraging the commission of crimes.490 Further, as mentioned above, the state or organizational policy may “crystallise and develop as actions are set in train and undertaken by the perpetrators.”491 Multiple pieces of evidence indicate that the attack was planned, directed or organized. First, the traffickers organized themselves into three groups, (1) the Source Group, (2) the Midway Group, and (3) the Destination Group.492 Within both the Source and Midway Groups, traffickers used color-coded wristbands to separate trafficked persons according to their owner.493 Traffickers built camps in advance of the arrival of trafficked persons, including ones that had semi-permanent structures, demonstrating planning and organization.494 Additionally, senior leaders of at least one syndicate appear to have specific and complementary roles: (1) Ko Tong was responsible for collecting trafficked persons from ships and paying off General Manas; (2) Anwar was in charge of the human-trafficking camps; and (3) Banjong was in charge of coordinating payments and release of trafficked persons.495 As described above, there was also a recurrent pattern of violence, beginning with imprisonment, in some cases murder, torture, and rape on human-trafficking ships, followed by imprisonment, murder, torture, and rape in human-trafficking camps.496 The uniformity of experiences among individuals interviewed by the Commission, Fortify Rights, and those who testified in the Thailand mass human-trafficking trial is telling. The requirement that there be “involvement of the state or organizational forces in the commission of crimes” is met by way of individuals belonging to the Source, Midway, and Destination Groups, and senior leadership’s involvement in the commissions of the crimes. The requirement of an underlying motivation is also satisfied here. As described in detail above, the motivation of the transnational criminal syndicate was to obtain financial profit through the violent extortion of the trafficked persons. As for the other two prongs, there is information on the use of the syndicate’s funds to further the policy, namely Ko Tong’s payments to General Manas, though statements, instructions, or documentation attributable to the syndicate condoning or encouraging the commission of crimes are not available to the Commission or Fortify Rights. 489 Katanga, Case No. ICC-01/04-01/07, para. 1110 (“Otherwise stated, the State or organisational policy be part of an ongoing process whose every aspect is not always predetermined before the operation or course of conduct pursued against the targeted civilian population has commenced or even once it has started.”) 490 Id. at 1109. See also, Bemba, Case No. ICC-01/05-01/08, para. 160. 491 Katanga, Case No. ICC-01/04-01/07, para. 1110. 492 See, Chapter V. Section, “The Contextual Element of Crimes Against Humanity.” 493 Fortify Rights interview with #27, Kuala Lumpur, September 27, 2014. See also, Fortify Rights interviews with #23, #55, #67, #74, #75, #77, #78, and #113, Myanmar, Thailand, and Malaysia, 2014-2015. 494 See, for example, Fortify Rights interviews with #5, 6, 10, and 17, Malaysia, 2015. 495 Ibid. 496 See, Chapter V. Section, “The Contextual Element of Crimes Against Humanity.”