V. Legal Framework and Analysis 90 In the camps, witnesses saw traffickers beat to death numerous individuals who were sick or could not provide sufficient payments to traffickers.310 One witness recounted watching traffickers poison a sick child in a camp along the border.311 This report also documents hundreds of instances where traffickers imposed conditions that would lead to death, such as deprivation of food, shelter, and mobility.312 Known traffickers interviewed for the report acknowledged that people held in these conditions would die if they were not released, which demonstrates that the traffickers knew the conditions they imposed would cause death in “the ordinary course of events.” 313 The stabbings, beatings, and throwing of people overboard detailed in this report required a similar proximity as those in Katanga and thus also demonstrate those killings were intentional. Further, the traffickers’ imposition of conditions in the camps that routinely led to the death of captives is similar to the conditions documented in the Kovčka case. Thus, there are reasonable grounds to believe that the killings described in this report qualify as “murder” for the purposes of establishing a crime against humanity. Extermination Extermination involves the “mass destruction of life,” which is “directed against a group of individuals.”314 Extermination differs from murder in that the perpetrator’s act of killing must constitute or be part of a mass killing.315 A mass killing includes killings where a “substantial” or a “large number” of people are killed.316 The “massive” element may be established by accumulating “separate and unrelated incidents, meaning on an aggregated basis.”317 The ICC’s Elements of Crimes expressly includes not only acts that would qualify as murder, but also “inflicting conditions of life calculated to bring about the destruction of part of a population,” such as “the deprivation of access to food and medicine.”318 Further, extermination does not require evidence of “a plan or policy to carry out the underlying act.”319 In the Brdanin case, the tribunal found the element of “massiveness” satisfied where multiple killings were aggregated, including one instance where perpetrators caused 20 deaths by forcing prisoners to stand in “extremely cramped conditions and were not provided with sufficient water to drink during the nine hour journey, despite the hot weather.”320 Preventable Deaths.” Fortify Rights interview with #10, Kuala Lumpur, Malaysia, August 11, 2014; Fortify Rights interview with #81, Penang State, Malaysia, September 15, 2014; Fortify Rights interview with #15, Kuala Lumpur, Malaysia, August 12, 2014. 310 Commission interview with W6, W8, W10, and W12, Alor Setar, Kedah State, November 2016. 311 Fortify Rights interview with #15, Kuala Lumpur, Malaysia, August 12, 2014. 312 Fortify Rights interview with #04, Kuala Lumpur, Malaysia, August 10, 2014. Fortify Rights interview with #75, Kuala Lumpur, Malaysia, September 27, 2014. Fortify Rights interview with #69, Penang State, Malaysia, October 1, 2014. The Commission interviews with W1-W18, Alor Setar, Kedah State, November 2016. 313 Fortify Rights interview with group of human traffickers, #74, Selangor State, Malaysia, September 27, 2014. Fortify Rights interview with #60, Kuala Lumpur, Malaysia, September 28, 2014. 314 See, Prosecutor v. Seromba, ICTR, Case No. ICTR-2001-66-I, Judgment (Trial), December 13, 2006, para. 361; Akayesu, Case No. ICTR-96-4-T, para. 591. 315 ICC, Elements of Crimes, art. 7(1)(b)(2); Semanza, Case No. ICTR-97-20-T, para. 340. 316 Semanza, ICTR, Case No. ICTR-97-20-T, para. 340; Kayishema and Ruzindana, Case No. ICTR-95-1-T, para. 146. 317 Prosecutor v. Brdanin. ICTY, Case No. ICTY-99-36-T, Judgement (Trial), September 1, 2004, para 391. 318 ICC, Elements of Crimes, art. 7(1)(b) & n.9. See also, Prosecutor v. Blagojevic and Jokic, ICTY, Case No. ICTY-02-60-T, Judgment, January 17, 2005, para. 574 n. 1916 (listing deprivation of food and medicine). 319 Blagojevic, Case No. ICTY-02-60-T, para. 576; Krstic Appeal Judgement, para. 225. 320 Brdanin. ICTY, Case No. ICTY-99-36-T, para. 452.