CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(i) Attacking civilians
Art. 8(2)(b)(i) War crime of intentionally directing attacks against the civilian population as such or against individual civilians not taking
- 1. The conduct took place in the context of and was associated with an international armed conflict.
- 2. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 3. The perpetrator directed an attack
- 4. The object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities.
- 5. [Particular mental element for Element 4] The perpetrator intended the civilian population as such or individual civilians not taking direct part in hostilities to be the object of the attack.
- 6.a. [Mental element for Element 3] [Conduct of directing an attack]: The perpetrator meant to engage in directing an attack