CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(i) Enforced disappearance
Art. 7(1)(i) Crime against humanity of enforced disappearance of persons
- 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:
- 6. (a) Such arrest, detention or abduction was followed or accompanied by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons; or
- 7. [Particular mental element for Element 4] The perpetrator was aware that such arrest, detention or abduction would be followed in the ordinary course of events by a refusal to acknowledge that deprivation of freedom or to give information on the fate o
- 8. Such arrest, detention or abduction was carried out by, or with the authorization, support or acquiescence of, a State or a political organization.
- 9. Such refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons was carried out by, or with the authorization or support of, such State or political organization.
- 10. The perpetrator intended to remove such person or persons from the protection of the law for a prolonged period of time.
- 11.i. [Mental element for Element 5] [Conduct of arresting, detaining or abducting:] The perpetrator meant to engage in the conduct of arresting, detaining or abducting; OR
- 11.b.i [Mental element for Element 5] [Consequence of arresting, detaining or abducting; OR refusing to acknowledge or to give information]: The perpetrator meant to arrest, detain or abduct one or more persons; or meant to refuse to acknowledge the arres
- 11.b.ii [Mental element for Element 5] [Consequence of arresting, detaining or abducting; OR refusing to acknowledge or to give information]: The perpetrator was aware that, in the ordinary course of events, he/she would arrest, detain of abduct one or mo
- 12. [Mental element for Element 8] [Circumstance of the arresting, detaining or abducting being carried out, authorized, supported or acquiesced to by a State:] The perpetrator was aware that such arrest, detention or abduction was carried out by, or with
- 13.c. [Mental element for Element 9] [Circumstance of the refusal to acknowledge the deprivation of freedom or to give information on the fate or whereabouts being carried out, authorized or supported by a State:] The perpetrator was aware that such refus
- 14.c [Mental element for Element 10] [Circumstance to remove such person or persons from the protection of the law for a prolonged period of time]: The perpetrator was aware that person or persons would be removed from the protection of the law for a prol
