CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 6 Genocide » Art. 6(d) Measures intended to prevent births
Art. 6(d) Genocide by imposing measures intended to prevent births
- 1. Such person or persons belonged to a particular national, ethnical, racial or religious group.
- 2. [Mental element, specific] The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.
- 3. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.
- 4. [Mental element for element 3] [Circumstance of context:] The perpetrator was aware that the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 5. The perpetrator imposed certain measures upon one or more persons.
- 6. The measures imposed were intended to prevent births within that group.
- 7.a. [Mental element for element 5] [Conduct of imposing certain measures upon one or more persons:] The perpetrator meant to engage in the conduct of imposing certain measures upon one or more persons.
- 8.b.i [Mental Element for Element 6] [Consequence of imposing certain measures upon one or more persons]: The perpetrator meant to prevent births within that group; OR
- 8.b.ii [Mental Element for Element 6] [Consequence of imposing certain measures upon one or more persons]: The perpetrator was aware that the measures imposed would prevent births within that group in the ordinary course of events.
