CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(g)(6) Sexual violence
Art. 7(1)(g)(6) Crime against humanity of sexual violence
- 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 committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detent
- 6. Such conduct was of a gravity comparable to the other offences in article 7, paragraph 1 (g), of the Statute
- 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 committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to engage in committing an act of a sexual nature against one or more person
- 8.b.i. [Mental element for Element 5] [ Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator meant to commit an act of a sexual nature or to cause a person or persons t
- 8.b.ii. [Mental element for Element 5] [Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator was aware that he or she would commit an act of a sexual nature or would ca
- 8.c. [Mental element for Element 5] [Circumstance of force, threat of force or coercion]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature by force, o
