Table of contents:
Element:
As noted by ICC Trial Chamber in The Prosecutor v. Jean-Pierre Bemba Gombo:
"146. In this respect, the Introduction to Article 8 of the Elements of Crimes provides the following clarification: (a) there is no requirement for a legal evaluation by the perpetrator as to the existence of an armed conflict or its character as international or non-international; (b) in that context there is no requirement for awareness by the perpetrator of the facts that established the character of the conflict as international or non-international; (c) there is only a requirement for the awareness of the factual circumstances that established the existence of an armed conflict that is implicit in the terms "took place in the context of and was associated with".
147. As in the case of the contextual elements of crimes against humanity, the relevant awareness for these purposes is that of the perpetrators of the crimes." [1]
Footnotes:
[1] ICC, The Prosecutor v. Jean-Pierre Bemba Gombo, Trial Judgement 21 March 2016, para. 146-147.
