CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(ii) Objects/persons using emblems of Geneva Conventions
Art. 8(2)(e)(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive e
- 1. The conduct took place in the context of and was associated with an armed conflict not of an international character;
- 2. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 3. The perpetrator attacked one or more persons, buildings, medical units or transports or other objects using, in conformity with international law, a distinctive emblem or other method of identification indicating protection under the Geneva Conventions
- 4. [Particular mental element for element 3] The perpetrator intended such persons, buildings, units or transports or other objects so using such identification to be the object of the attack.
- 5.a. [Mental element for Element 3] [Conduct of directing an attack]: The perpetrator meant to engage in directing an attack.
- 5.c. [Mental element for Element 3] [Circumstance of the object of the attack using, in conformity with international law, a distinctive emblem, or other method of identification indicating protection under the Geneva Conventions]: The perpetrator was awa
