Element:
According to the Appeals Chamber in Kaing Guek Eav the perpetrator must have:
"[I]ntentionally exercised any or all of the powers attaching to the right of ownership."[1]
Footnotes:
[1] ECCC, Prosecutor v. Kaing Guek Eav (alias Duch), "Appeals Judgement", 001/18-07-2007-ECCC/SC, 3 February 2012, para. 121.