CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(xv) Compelling participation in military operations
Art. 8(2)(b)(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if
- 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 coerced one or more persons by act or threat to take part in military operations against that person's own country or forces
- 4. Such person or persons were nationals of a hostile party
- 5.a [Mental element for Element 3] [Conduct of coercing one or more persons by act or threat to take part in military operations against that person's own country or forces]: The perpetrator meant to coerce one or more persons by act or threat to take par
- 6.b.i. [Mental element for Element 3] [Consequence of coercing one or more persons by act or threat to take part in military operations against that person's own country or forces]: The perpetrator meant to cause one or more persons to take part in milita
- 6.b.ii. [Mental element for Element 3] [Consequence of coercing one or more persons by act or threat to take part in military operations against that person's own country or forces]: The perpetrator was aware that one or more persons would take part in mi
- 7.c. [Mental element for Element 4] [Circumstance of such person or persons being nationals of a hostile party]: The perpetrator was aware that such person or persons were nationals of a hostile party
