CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(xxiii) Protected persons as shields
Art. 8(2)(b)(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from mi
- 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 moved or otherwise took advantage of the location of one or more civilians or other persons protected under the international law of armed conflict
- 4. [Mental element, specific] The perpetrator intended to shield a military objective from attack or shield, favour, or impede military operations
- 5.a. [Mental element for Element 3][Conduct of moving or otherwise taking advantage of the location of one or more civilians or other persons protected under the international law of armed conflict]: The perpetrator meant to engage in the conduct of movin
- 5.b.i. [Mental element for Element 3][Consequence of moving or otherwise taking advantage of the location of one or more civilians or other persons protected under the international law of armed conflict]: The perpetrator meant to move one or more civilia
- 5.b.ii. [Mental element for Element 3][Consequence of moving or otherwise taking advantage of the location of one or more civilians or other persons protected under the international law of armed conflict]: The perpetrator was aware that, in the ordinary
