CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(xxi) Outrages upon personal dignity
Art. 8(2)(b)(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment
- 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 humiliated, degraded or otherwise violated the dignity of one or more persons.
- 4. The severity of the humiliation, degradation or other violation was of such a degree as to be generally recognised as an outrage upon personal dignity. [Note: with respect to mental elements associated with elements involving value judgment, such as th
- 5.a. [Mental element for Element 3] [Conduct of humiliating, degrading, or otherwise violating dignity]: The perpetrator meant to engage in conduct which was humiliating, degrading or violating of the dignity of one or more persons
- 5.b.i. [Mental element for Element 3][Consequence of humiliating, degrading, or otherwise violating dignity]: The perpetrator meant to cause the humiliation, degradation or violation of the dignity of one or more persons; OR
- 5.b.ii. [Mental element for Element 3][Consequence of humiliating, degrading, or otherwise violating dignity]: The perpetrator was aware that the humiliation, degradation or violation of the dignity of one or more persons would occur in the ordinary cours
