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CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(e) Deprivation of liberty » 7. [Particular mental element for Element 4] The perpetrator was aware of the factual circumstances that established the gravity of the conduct.

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7. [Particular mental element for Element 4] The perpetrator was aware of the factual circumstances that established the gravity of the conduct.

P.14. Evidence inferred from an utterance, a document, or a deed.

P.14.1. Evidence that the perpetrator had discussed the inability to detain people in certain situations.

P.15. Evidence inferred from a circumstance.

P.15.1. Evidence that the perpetrator knew that procedures in place for legal detainees were not being followed.

P.15.2. Evidence that the perpetrator knew of the discriminatory nature of imprisonment.

P.15.3. Evidence that the perpetrator knew detentions were occurring but did not find out about its conditions or legality.

P.15.4. Evidence that the perpetrator knew about the requirements of the Geneva Conventions and did not follow them.

P.15.5. Evidence that the perpetrator knew that victims did not pose a security risk.

Element

7. [Particular mental element for Element 4] The perpetrator was aware of the factual circumstances that established the gravity of the conduct.

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