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CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 7 Crimes against humanity » Art. 7(1)(g)(2) Sexual slavery » 7.a [Mental element for Element 5] [Conduct of exercising powers attached to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of li

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7.a [Mental element for Element 5] [Conduct of exercising powers attached to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty]: The perpetrator meant to exercise any or all of the powers attached to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.

Element:

7.a [Mental element for Element 5] [Conduct of exercising powers attached to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty]: The perpetrator meant to exercise any or all of the powers attached to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.

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.

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