CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(iii) Attacking humanitarian assistance or peacekeeping missions
Art. 8(2)(e)(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assist
- 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 directed an attack.
- 4. The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations.
- 5. [Particular mental element for element 4] The perpetrator intended such personnel, installations, material, units or vehicles so involved to be the object of the attack.
- 6. Such personnel, installations, material, units or vehicles were entitled to that protection given to civilians or civilian objects under the international law of armed conflict.
- 7. [Particular mental element for element 6] The perpetrator was aware of the factual circumstances that established that protection.
- 8.a. [Mental element for element 3] [Conduct of directing an attack]: The perpetrator meant to engage in directing an attack.
