CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(xxii)-6 Sexual violence
Art. 8(2)(b)(xxii)-6 Sexual violence
- 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 committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detent
- 4. The conduct was of a gravity comparable to that of a grave breach of the Geneva Conventions
- 5. [Mental element for Element 4] The perpetrator was aware of the factual circumstances that established the gravity of the conduct
- 6.a. [Mental element for Element 3][Conduct of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to engage in committing an act of a sexual nature against one or more persons
- 6.b.i. [Mental element for Element 3][Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to commit an act of a sexual nature or to cause a person or persons to
- 6.c. [Mental element for Element 3][Circumstance of force, threat or force or coercion]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature by force, or
