CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 7 Crimes against humanity » Art. 7(1)(f) Torture
Art. 7(1)(f) Crime against humanity of torture
- 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 inflicted severe physical or mental pain or suffering over one or more persons.
- 6. Such person or persons were in the custody or under the control of the perpetrator.
- 7. Such pain or suffering did not arise only from, or was not inherent in or incidential to, lawful sanctions.
- 8.a [Mental element for Element 5] [Conduct of inflicting severe physical or mental pain or suffering]: The perpetrator meant to engage in the infliction of severe physical or mental pain or suffering upon one or more persons.
- 8.b.i [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering upon]: The perpetrator meant to cause severe physical or mental pain or suffering upon one or more persons; OR.
- 8.b.ii [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering]: The perpetrator was aware that severe physical or mental pain or suffering will occur in the ordinary course of events.
- 9.c. [Mental element for Element 6] [Circumstance of custody or control]: The perpetrator was aware that such person or persons were under his/her custody or under his/her control.
- 10.c. [Mental element for Element 7] [Circumstance of lawful sanction]: The perpetrator was aware that such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions.
