CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 7 Crimes against humanity » Art. 7(1)(h) Persecution
Art. 7(1)(h) Crime against humanity of persecution
- 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 severely deprived, contrary to international law, one or more persons of fundamental rights.
- 6. The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such.
- 7. Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds that are universally recognized as impermissible under international law.
- 8. The conduct was committed in connection with any act referred to in Article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court.
- 9.a [Mental element for Element 5] [Conduct of severely depriving one or more persons of fundamental rights]: The perpetrator meant to severely deprive one or more persons of fundamental rights.
- 9.b.i [Mental element for Element 5] [Consequence of severely depriving one or more persons of fundamental rights]: The perpetrator meant to cause a severe deprivation of fundamental rights of one or more persons; OR
- 9.b.ii [Mental element for Element 5] [Consequence of severely depriving one or more persons of fundamental rights]: The perpetrator was aware that a severe deprivation of fundamental rights of one or more persons would occur in the ordinary course of eve
- 10. [Mental element for Element 6] [Circumstance of such person or persons being targeted by reason of the identity of a group or collectivity or circumstance of the group or collectivity being targeted as such]: The perpetrator was aware that he/she was
