CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(c) War crimes » Art. 8(2)(c)(i)-1 Murder
Art. 8(2)(c)(i)-1 Murder of all kinds
- 1. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities.
- 2. The perpetrator was aware of the factual circumstances that established this status
- 3. The conduct took place in the context of and was associated with an armed conflict not of an international character.
- 4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 5. The perpetrator killed one or more persons
- 6.a. [Mental element for Element 5] [Conduct of killing]: The perpetrator meant to kill one or more persons.
- 6.b.i. [Mental element for Element 5] [Consequence of killing]: The perpetrator meant to cause death OR
- 6.b.ii. [Mental element for Element 5] [Consequence of killing]: The perpetrator was aware that death would occur in the ordinary course of events
