CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(vi)-6 Sexual violence
Art. 8(2)(e)(vi)-6 Sexual violence
- 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 committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detent
- 4. The conduct was of a gravity comparable to that of a serious violation of article 3 common to the fourth Geneva Convention.
- 5. [Particular mental element for element 4] The perpetrator was aware of the factual circumstances that established the gravity of the conduct.
- 6.a. [Mental element for Element 3] [Conduct of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to engage in committing an act of a sexual nature against one or more person
- 6.b.i. [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 he or she would cause a person or persons to engage in an act of a sexual nature in the ordinary cour
- 6.b.ii. [Mental element for Element 3] [Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator was aware that he or she would commit an act of a sexual nature or would ca
- 6.c. [Mental element for Element 3] [Circumstance of force, threat of force or coercion]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature by force, o
