CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(vi) Person hors de combat
Art. 8(2)(b)(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discreti
- 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 killed or injured one or more persons
- 4. Such person or persons were hors de combat
- 5. [Particular mental element for Element 4] The perpetrator was aware of the factual circumstances that established that status.
- 6.a. [Mental element for Element 3] [Conduct of killing or wounding]: The perpetrator meant to engage in the killing or wounding of person or persons hors de combat.
- 6.b.i. [Mental element for Element 3] [Consequence of killing or wounding]: The perpetrator meant to cause death or wounds; OR
- 6.b.ii. [Mental element for Element 3] [Consequence of killing or wounding]: The perpetrator was aware that death or wounding would occur in the ordinary course of events.
