CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(g)(5) Enforced sterilization
Art. 7(1)(g)(5) Crime against humanity of enforced sterilization
- 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 deprived one or more persons of biological reproductive capacity.19
- 6. The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent.20
- 7.a. [Mental element for Element 5] [Conduct of depriving one or more persons of biological reproductive capacity:] The perpetrator meant to engage in conduct which deprived one or more persons of biological reproductive capacity.
- 7.b.i. [Mental element for Element 5] [Consequence of depriving one or more persons of biological reproductive capacity:] The perpetrator meant to cause the consequence of deprivation of one or more persons of biological reproductive capacit; OR.
- 7.b.ii [Mental element for Element 5] [Consequence of depriving one or more persons of biological reproductive capacity:] The perpetrator was aware that one or more persons would be deprived of biological reproductive capacity in the ordinary course of ev
- 8.c.i [Mental Element for Element 6] [Circumstance of lack of justification:] The perpetrator was aware that the conduct was not justified by the medical or hospital treatment of the person or persons concerned; AND
- 8.c.ii [Mental Element for Element 6] [Circumstance of absence of genuine consent:] The perpetrator was aware that the conduct was not carried out with the genuine consent of the person or persons concerned.
