CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(k) Inhumane acts
Art. 7(1)(k) Crime against humanity of other inhumane acts
- 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 inflicted great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act.
- 6. Such act was of a character similar to any other act referred to in article 7, paragraph 1, of the Statute.30
- 7. [Particular mental element for Element 3] The perpetrator was aware of the factual circumstances that established the character of the act.
- 8.a. [Mental element for Element 5] [Conduct of inflicting severe physical or mental pain or suffering upon one or more persons:] The perpetrator meant to engage in the infliction of severe physical or mental pain or suffering upon one or more persons.
- 8.b.i. [Mental element for Element 5] [Consequence of the infliction of severe physical or mental pain or suffering upon one or more persons:] The perpetrator meant to cause severe physical or mental pain or suffering upon one or more persons; OR
- 8.b.ii. [Mental element for Element 5] [Consequence of the infliction of severe physical or mental pain or suffering upon one or more persons:] The perpetrator was aware that severe physical or mental pain or suffering upon one or more persons will occur
