CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(vi)-3 Enforced prostitution
Art. 8(2)(e)(vi)-3 Enforced prostitution
- 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 caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against suc
- 4. The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature.
- 5.a. [Mental element for Element 3] [Conduct of causing one or more persons to engage in one or more acts of a sexual nature]: The perpetrator meant to engage in causing one or more persons to engage in one or more acts of a sexual nature.
- 5.b.i. [Mental element for Element 3] [Consequence of causing one or more persons to engage in one or more acts of a sexual nature]: The perpetrator meant to cause one or more persons to engage in one or more acts of a sexual nature; OR
- 5.b.ii. [Mental element for Element 3] [Consequence of causing a person or persons to engage in an act of a sexual nature]: The perpetrator was aware that one or more persons would engage in one or more acts of sexual nature in the ordinary course of even
- 5.c. [Mental element for Element 3] [Circumstance of force, threat of force or coercion]: The perpetrator was aware that he or she caused a person or persons to engage in an act of a sexual nature under force, or threat of force or coercion.
- 6.b.i. [Mental element for Element 4] [Consequence of obtaining or expecting to obtain pecuniary or other advantage]: The perpetrator meant himself or herself or another person to obtain pecuniary or other advantage in exchange for or in connection with t
- 6.b.ii. [Mental element for Element 4] [Consequence of obtaining or expecting to obtain pecuniary or other advantage]: The perpetrator was aware that he or she or another person would obtain pecuniary or other advantage in exchange for or in connection wi
- 6.c. [Mental element for Element 4] [Circumstance of another person obtaining or expecting pecuniary or other advantage]: The perpetrator was aware that another person obtained or expected to obtain a pecuniary or other advantage in exchange for or in con
