CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(e) Deprivation of liberty
Art. 7(1)(e) Crime against humanity of imprisonment or other severe deprivation of physical liberty
- 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 imprisoned one or more persons or otherwise severely deprived one or more persons of physical liberty.
- 6. The gravity of the conduct was such that it was in violation of fundamental rules of international law.
- 7. [Particular mental element for Element 4] The perpetrator was aware of the factual circumstances that established the gravity of the conduct.
- 8.a. [Mental element for Element 5] [Conduct of imprisoning or otherwise severely depriving physical liberty:] The perpetrator meant to engage in the imprisonment of one or more persons or severe deprivation of physical liberty of one or more persons.
- 8.b.ii. [Mental element for Element 5] [Consequence of imprisoning or otherwise severely depriving physical liberty:] The perpetrator meant to imprison one or more persons or otherwise severely deprive one or more persons of physical libert; OR.
- 8.b.ii. [Mental element for Element 5] [Consequence of imprisoning or otherwise severely depriving physical liberty:] The perpetrator was aware that one or more persons would be imprisoned or otherwise would be severely deprived of physical liberty in the
