CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(xiv) Depriving nationals of hostile power of rights/actions
Art. 8(2)(b)(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party
- 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 effected the abolition, suspension or termination of admissibility in a court of law of certain rights or actions.
- 4. The abolition, suspension or termination was directed at the nationals of a hostile party.
- 5. [Mental element, specific] The perpetrator intended the abolition, suspension or termination to be directed at the nationals of a hostile party
- 6.a. [Mental element for Element 3] [Conduct of effecting the abolition, suspension or termination of admissibility in a court of law of certain rights or actions]: The perpetrator meant to engage in effecting the abolition, suspension or termination of a
- 6.b.i. [Mental element for Element 3] [Consequence of effecting the abolition, suspension or termination of admissibility in a court of law of certain rights or actions]: The perpetrator meant to cause the abolition, suspension or termination of admissibi
- 6.b.ii. [Mental element for element 3] [Consequence of effecting the abolition, suspension or termination of admissibility in a court of law of certain rights or actions]: The perpetrator was aware that the abolition, suspension or termination of admissib
