CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(viii) Transfer of a civilian population by the Occupying Power
Art. 8(2)(b)(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occup
- 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 transferred, directly or indirectly, parts of its own population into the territory it occupies; OR deported or transferred all or parts of the population of the occupied territory within or outside this territory
- 4.a. [Mental element for Element 3] [Conduct of transferring directly or indirectly, parts of its own population into the territory it occupies]: The perpetrator meant to transfer, directly or indirectly, parts of its own population into the territory it
- 4.b.i. [Mental element for Element 3] [Consequence of transferring, directly or indirectly, parts of its own population into the territory it occupies]: The perpetrator meant to cause the transfer, directly or indirectly, of parts of its own population in
- 4.b.ii. [Mental element for Element 3] [Consequence of transferring, directly or indirectly, parts of its own population into the territory it occupies]: The perpetrator was aware that the transfer, directly or indirectly, of parts of its own population i
