CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(g)(4) Forced pregnancy
Art. 7(1)(g)(4) Crime against humanity of forced pregnancy
- 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 confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
- 6.a. [Mental element for Element 5] [Conduct of confinement]: The perpetrator meant to engagein the unlawful confinement of a woman forcibly made pregnant
- 6.b.1 [Mental element for Element 5] [Consequense of confinement]: The perpetrator meant to affect the composition of any population or to carry out other grave violations of international law by confining one or more women forcibly made pregnant; OR
- 6.b.ii [Mental element for Element 5] [Consequense of confinement]: The perpetrator was aware that the confinement of one or more women forcibly made pregnant would affect the composition of any population or to carry out other grave violations of interna
- 6.c. [Mental element for Element 5] [Circumstance of forcible pregnancy]: The perpetrator was aware that the woman or women had forcibly been made pregnant.
