123 VII. THE FOURTH GROUND OF CROSS-APPEAL BY THE PROSECUTION: THE TRIAL CHAMBER’S FINDING THAT ALL CRIMES AGAINST HUMANITY REQUIRE A DISCRIMINATORY INTENT A. Submissions of the Parties 1. The Prosecution Case 273. The Prosecution submits that the Trial Chamber erred in finding that all crimes against humanity must be committed with a discriminatory intent. It is the submission of the Prosecution that the requirement of a discriminatory “persecution type” crimes and not to all crimes against humanity. 274. intent applies only to 335 The Prosecution notes that Article 5 of the Statute contains no express requirement of a discriminatory intent for all crimes against humanity. The requirement for such an intent is present in Article 3 of the Statute of the ICTR. The absence of a similar provision in Article 5 of this Tribunal���s Statute implies a contrario that at the time of drafting the Statute of this Tribunal, there was no intention to include a similar requirement. 336 275. A requirement of discriminatory intent for all crimes against humanity is also absent from customary international law. The Prosecution notes that the Nuremberg Charter and Control Council Law No. 10, upon which Article 5 is based, distinguish between “murder type” crimes such as murder, extermination, enslavement, etc., and “persecution type” crimes committed on political, racial, or religious grounds. Discriminatory intent need only be shown in relation to “persecution” crimes. The Prosecution submits that the Trial Chamber erred in relying upon a statement in paragraph 335 336 Cross-Appellant’s Brief, para. 5.5; T. 161 (20 April 1999). Cross-Appellant’s Brief, para. 5.6; T. 162 (20 April 1999). Case No.: -94-1-A 15 July 1999