89 or other inhumane acts.299 Any one of the 11 acts is sufficient to establish a crime against humanity, provided that the other elements of the crime are satisfied. This section will examine the legal elements of the seven prohibited acts most likely to be applicable to the conduct described in this report: namely, murder, extermination, enslavement, deportation or forcible transfer, imprisonment, rape, and torture. This section will subsequently analyze whether a transnational criminal syndicate committed such acts. Murder Murder requires that a perpetrator killed—that is—caused the death of, one or more persons through his acts or omissions.300 Although neither the Rome Statute nor the ICC’s Elements of Crimes “provide a particular mental element for murder constituting a crime against humanity,” ICC case law has generally required a demonstration that either the perpetrator(s) “(i) meant to kill or to cause the death of one or more persons or (ii) were aware that the death(s) would occur in the ordinary course of events.”301 Thus, murder requires a showing that the perpetrator killed with either an intent to kill or awareness that death would ordinarily occur. For example, the Katanga tribunal found that the proximity required by a machete attack demonstrated intent.302 Similarly, in Kovčka, the Appeals Chamber confirmed that where perpetrators purposefully established a system of ill-treatment in a detention camp, murder could be proved where “the death of the victim was the result of what happened in [the] camp, be it inhumane conditions, beatings or ill-treatment.”303 In addition, a perpetrator may be found guilty of murder for a victim’s suicide where he knew that the “suicide was a likely and foreseeable result of the act or omission.”304 Murder can be proven by circumstantial evidence, even where a body has not been recovered, if “the victim’s death is the only reasonable conclusion that can be drawn.”305 Further, murder can be proven without ascertaining “the specific identify of the victim or the perpetrator.”306 This report documents numerous intentional killings on ships and in camps on the MalaysiaThailand border, including at Wang Kelian in Malaysia’s Perlis State. Of the more than 112 deaths at sea documented in this report, eyewitnesses saw traffickers intentionally kill at least 29 men.307 Traffickers killed by using knives to stab and sticks to beat men who asked for water and food.308 Several eyewitnesses also saw traffickers throw injured or sick men into the sea alive.309 299 Id. at art. 7 (listing murder; extermination; enslavement; deportation or forcible transfer of population; imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence of comparable gravity; persecution; enforced disappearance; apartheid; and other inhumane acts). 300 Rome Statute of the ICC, Elements of Crimes, 2011, art. 7(1)(a)(1) & n. 7. Prosecutor v. Germain Katanga, ICC, Case No. ICC01/04-01/07, Judgment, March 7, 2014, para 766-67. 301 Prosecutor v. Jean-Pierre Bemba Gombo, ICC, Case No. ICC-01/05-01/08, Judgment, March 21, 2016, para. 89-90. See also, Katanga, Case No. ICC-01/04-01/07, para. 781; Prosecutor v. Kupreskic, ICTY, Case No. IT-95-16-T, Judgment, January 14, 2000, para. 560-61; Prosecutor v. Akayesu, International Criminal Tribunal for Rwanda (ICTR), Case No. ICTR-96-4-T, Judgment (Trial), September 2, 1998, para. 587-89. There is some debate as to whether premeditation is required. Compare Akayesu, Case No. ICTR-96-4-T, para. 587-89 (not expressly requiring premeditation), with Prosecutor v. Kayishema and Ruzindana, ICTR, Case No. ICTR-95-1-A, Judgment (Appeal), June 1, 2001, para. 139-40 (requiring premeditation). 302 Katanga, Case No. ICC-01/04-01/07, para. 858. 303 Prosecutor v. Kvocka, ICTY, Case No. IT-98-30/1-A, Appeals Judgment, February 28, 2005, para. 262. 304 Prosecutor v. Krnojelac, ICTY, Case No. IT-97-25-T, Judgment, March 12, 200, para. 329 (finding no liability for murder conflicting evidence alternatively described the cause of the suicide as the result of severe beatings or depression over a family situation). 305 Katanga, Case No. ICC-01/04-01/07, para. 768. 306 Bemba, Case No. ICC-01/05-01/08, para. 88. 307 See, Chapter I. Section, “Killings, Deaths from Deprivations, and Suicides;” Chapter II. Section, “Killings and Preventable Deaths.” 308 Ibid. The Commission interview with W8. Fortify Rights interview with #44, Songkhla Province, Thailand, September 17, 2014. Fortify Rights interview with #81, Penang State, Malaysia, September 15, 2014. 309 See, Chapter I. Section, “Killings, Deaths from Deprivations, and Suicides;” Chapter II, Section “Killings and