160. The Appeals Chamber considers that a Trial Chamber, when making a determination on a charge of persecutions, is obliged to assess whether the underlying acts amount to persecutions as a crime against humanity in international customary law. Upon consideration of the Trial Chamber’s outline of the applicable law on persecutions, it is evident that the Trial Chamber did not consider the requirement that acts of persecutions must be of an equal gravity or severity as the other acts enumerated under Article 5 of the Statute; it is not enough that the underlying acts be perpetrated with a discriminatory intent. […]