CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 7 Crimes against humanity » Art. 7(1)(d) Deportation or forcible transfer
Art. 7(1)(d) Crime against humanity of deportation or forcible transfer of population
- 1. The conduct was committed as part of a widespread or systematic attack against any civilian population.
- 2. [Mental element, specific] The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population
- 3. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 4. [Mental element for element 3] [Circumstance of context] The perpetrator was aware that the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 5. The perpetrator deported or forcibly transferred, without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts.
- 6. Such person or persons were lawfully present in the area from which they were so deported or transferred.
- 7. [Particular mental element for Element 4]: The perpetrator was aware of factual circumstance that established the lawfulness of such presence.
- 8.a [Mental element for Element 5] [Conduct of deportation or forcible transfer]: The perpetrator meant to engage in the deportation or forcible transfer, without grounds permitted under international law, of one or more persons to another State or locati
- 8.b.i [Mental element for Element 5] [Consequence of deportation or forcible transfer]: The perpetrator meant to cause one or more persons to be deported or forcibly transferred, without grounds permitted under international law, to another State or locat
- 8.b.ii [Mental element for Element 5] [Consequence of deportation or forcible transfer]: The perpetrator was aware that deportation or forcible transfer of one or more persons, without grounds permitted under international law, to another State or locatio
- 8.c [Mental element for Element 5] [Circumstance of deportation or forcible transfer without grounds permitted under international law]: The perpetrator was aware that the deportation or forcible transfer was without grounds permitted under international
