CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(ix) Treacherously killing or wounding
Art. 8(2)(e)(ix) Killing or wounding treacherously a combatant adversary
- 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 invited the confidence or belief of one or more combatant adversaries that they were entitled to, or were obliged to accord, protection under rules of international law applicable in armed conflict.
- 4. Mental element, specific] The perpetrator intended to betray that confidence or belief.
- 5. The perpetrator killed or injured such person or persons.
- 6. The perpetrator made use of that confidence or belief in killing or injuring such person or persons.
- 7. Such person or persons belonged to an adverse party.
- 8.a. [Mental Element for Element 3] [Conduct of inviting the confidence or belief of one or more persons that they were entitled to, or were obliged to accord, protection under rules of international law applicable in armed conflict]: The perpetrator mean
- 9.a. [Mental Element for Element 5] [Conduct of killing or injuring such person or persons]: The perpetrator meant to kill or injure such person or persons.
- 9.b.i. [Mental Element for Element 5] [Consequence of killing or injuring such person or persons]: The perpetrator meant to cause the death or injury of such person or persons; OR
- 9.b.ii. [Mental Element for Element 5] [Consequence of killing or injuring such person or persons]: The perpetrator was aware that death or injury of such person or persons would occur in the ordinary course of events.
- 10.a. [Mental Element for Element 6] [Conduct of making use of that confidence or belief in killing or injuring such person or persons]: The perpetrator meant to engage in the conduct of making use of that confidence or belief in killing or injuring such
- 11.c. [Mental Element for Element 7] [Circumstance of such person or persons belonging to an adverse party]: The perpetrator was aware that such person or persons belonged to an adverse party.
