Table of contents:
Element:
3. The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons.
ICC
According to the Katanga and Chui Confirmation Decision,
"[t]his war crime requires that the perpetrator, by action or omission, caused the humiliation, degradation, or violation of the personal dignity of individuals: (i) who are aligned or whose allegiance is to a party to the conflict who is adverse or hostile to the perpetrator; and (ii) who are in the hands of the party to the conflict to which the perpetrator belongs."[1]
SCSL
The Trial Chamber in Brima et al. held that this offence:
"is formulated in a manner which ensures broad interpretation. The list of offences subsumed under outrages against personal dignity constitutes a 'non-exhuastive list of conduct'."[2]
3.1. The perpetrator humiliated or degraded the dignity of one or more persons; OR
3.2. The perpetrator otherwise violated the dignity of one or more persons
Footnotes:
[1] ICC, Katanga and Chui Confirmation Decision 30 September 2008, para. 368.
[2] SCSL, Brima et al. Trial Judgment 20 June 2007, para. 715.
