CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(b) Extermination
Art. 7(1)(b) Crime against humanity of extermination
- 1. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
- 2. [Mental element, specific] The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
- 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 killed8 one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population.9
- 6. The conduct constituted, or took place as part of,10 a mass killing of members of a civilian population.
- 7.a. [Mental element for Element 5] [Conduct of killing:] The perpetrator meant to engage causing the death of one or more persons.
- 7.b.i. [Mental element for Element 5] [Consequence of killing:] The perpetrator meant to cause death;or
- 7.b.ii. [Mental element for Element 5] [Consequence of killling:] The perpetrator was aware that death would occur in the ordinary course of events.
- 8.c [Mental element for Element 6] [Circumstance of mass killing of members of a civilian population:] The perpetrator was aware that his/her conduct constituted or took place as part of a mass killing of members of a civilian population.
