CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(vi)-4 Forced pregnancy
Art. 8(2)(e)(vi)-4 Forced pregnancy
- 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 confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
- 4.a. [Mental element for Element 3] [Conduct of confinement]: The perpetrator meant to confine one or more women forcibly made pregnant
- 4.b.i. [Mental element for Element 3] [Consequence of confinement]: The perpetrator meant to affect the ethnic composition of any population or to carry out other grave violations of international law by confining one or more women forcibly made pregnant
- 4.b.ii. [Mental element for Element 3] [Consequence of confinement]: The perpetrator was aware that the confinement of one or more women forcibly meant pregnant would affect the ethnic composition of any population or would enable to carry out other grave
- 4.c. [Mental element for Element 3] [Circumstance of forcible pregnancy]: The perpetrator was aware that one or more confined women had forcibly been made pregnant.
