Immeasurable suffering? Mental harm as an element of international offences

When we think of international offences such as genocide, war crimes and crimes against humanity, events that often come to mind are large-scale killings or acts of torture causing serious physical harm. However, it has become clear throughout history that international offences are also committed through acts causing serious mental harm. The effects of mental harm are often longer-lasting than those of physical harm and can even be transferred to subsequent generations. Such characteristics raise the question of the extent to which mental harm differs from physical harm. Nevertheless, international courts and tribunals have not been able to pay sufficient attention to mental harm as it has historically always been overshadowed by physical harm.

This research project examines the extent to which mental harm as an element of international crimes differs from physical harm and whether those differences mean that rules applicable to physical harm cannot simply be applied by international courts and tribunals to the less visible, more personal and less easy to establish mental harm. This research is important because it contributes to the growing recognition of mental harm which is an essential step in dealing with atrocity crimes and a crucial, hitherto underestimated aspect for transitional justice and collective and individual healing.