CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(a) War crimes
Art. 8(2)(a) War crimes
- 1. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
- 2. The perpetrator was aware of the factual circumstances that established that protected status.32, 33
- 3. The conduct took place in the context of and was associated with an international armed conflict.
- 4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 5. The perpetrator killed one or more persons.31
- 6.a. [Mental element for Element 5] Conduct of killing: The perpetrator meant to engage in the conduct that caused the death of one or more persons.
- 6.b.i. [Mental element for Element 5] Consequence of killing: The perpetrator meant to cause death; OR
- 6.b.ii. [Mental element for Element 5] Consequence of killling: The perpetrator was aware that death would occur in the ordinary course of events.
- 5. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
- 6. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.
- 7.a [Mental element for Element 5] [Conduct of inflicting severe physical or mental pain or suffering:] The perpetrator meant to engage in the infliction of severe physical or mental pain or suffering upon one or more persons.
- 7.b.i [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering upon:] The perpetrator meant to cause severe physical or mental pain or suffering upon one or more persons; OR
- 7.b.ii. [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering:] The perpetrator was aware that severe physical or mental pain or suffering will occur in the ordinary course of events.
- 8.b.i [Mental element for Element 6] [Consequence of inflicting pain or suffering for such purposes]: The perpetrator meant to obtain information or a confession, punish, intimidate or coerce or to inflict pain or suffering for any reason based on discri
- 8.b.ii [Mental element for Element 6] [Consequence of inflicting pain or suffering for such purposes]: The perpetrator was aware that he or she would obtain information or a confession, punish , intimidate or coerce or inflict pain or suffering for any r
- 5. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
- 6.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.
- 6.b.i. [Mental element for Element 5] [Consequence of inflicting 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
- 6.b.ii. [Mental element for Element 5] [Consequence of inflicting 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 in the
- 5. The perpetrator subjected one or more persons to a particular biological experiment.
- 6. The experiment seriously endangered the physical or mental health or integrity of such person or persons.
- 7. The intent of the experiment was non-therapeutic and it was neither justified by medical reasons nor carried out in such person's or persons' interest.
- 8.a [Mental element for Element 5] [Conduct of subjecting person or persons to biological experiments:] The perpetrator meant to subject one or more persons to biological experiments.
- 9.b.i. [Mental element for Element 6] [Consequence of death or seriously endangering the physical or mental health or integrity of a person or persons:] The perpetrator meant to cause the death or seriously endanger the physical or mental health or integr
- 9b.ii. [Mental element for Element 6] [Mental element for Element 6] [Consequence of experiment seriously endangering the physical or mental health or integrity of a person or persons]: The perpetrator was aware that the experiment would seriously endange
- 10.c. [Mental element for Element 7] [Circumstance of lack of justification:] The perpetrator was aware that the biological experiment was neither justified by medical reasons nor carried out in such person's or persons' interests.
- 5. The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.
- 6.a [Mental element for Element 5] [Conduct of engaging in causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator meant to engage in conduct causing great physical or mental pai
- 6.b.i. [Mental Element for Element 5] [Consequence of causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator meant to cause great physical or mental pain or suffering to, or ser
- 6.b.ii. [Mental Element for Element 5] [Consequence of causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator was aware that great physical or mental pain or suffering to, or se
- 5. The perpetrator destroyed or appropriated certain property.
- 6. The destruction or appropriation was not justified by military necessity.
- 7. The destruction or appropriation was extensive and carried out wantonly.
- 8.a. [Mental element for Element 5] [Conduct of destroying or appropriating:] The perpetrator meant to engage in the destruction or appropriation of certain property.
- 8.b.i [Mental element for Element 5] [Consequence of appropriating or destroying:] The perpetrator was aware that appropriation or destruction of certain property would occur in the ordinary course of events; OR
- 8.b.ii [Mental element for Element 5] [Consequence of appropriating or destructing:] The perpetrator meant to cause the appropriation or destruction of certain property.
- 9. [Mental element for Element 6] [Circumstance of military necessity:] The perpetrator was aware that such destruction or appropriation was not justified by military necessity.
- 10. [Mental element for Element 7] [Circumstance of extensiveness and wantonness:] The perpetrator was aware that such destruction or appropriation was conducted extensively and carried out wantonly.
- 5. The perpetrator coerced one or more persons, by act or threat, to take part in military operations against that person's own country or forces or otherwise serve in the forces of a hostile power.
- 6.a. [Mental element for Element 5] [The conduct of coercing one or more persons, by act or threat, to take part in military operations against that person's own country or forces or otherwise serve in the forces of a hostile power:] The perpetrator meant
- 6.b.i. [Mental element for Element 5] [Consequence of coercing one or more persons to take part in military operations against that person's own country or forces or otherwise serve in the forces of a hostile power:] The perpetrator meant to cause one or
- 6.b.ii. [Mental element for Element 5] [The consequence of coercing one or more persons to take part in military operations against that person's own country or forces or otherwise serve in the forces of a hostile power:] The perpetrator was aware that co
- 6.c. [Mental element for Element 5] [Circumstance of one or more persons being coerced by act or threat]: The perpetrator was aware that he/she was coercing one or more persons by act or threat.
- 8. [Mental element for Element 5] [The circumstance of one or more persons taking part in military operations against that person's own country or forces or otherwise serving in the forces of a hostile power:] The perpetrator was aware that one or more pe
- 5. The perpetrator deprived one or more persons of a fair and regular trial by denying judicial guarantees as defined, in particular, in the third and the fourth Geneva Conventions of 1949.
- 6.a. [Mental Element for Element 5] [Conduct of depriving one or more persons of a fair and regular trial by denying judicial guarantees:] The perpetrator meant to engage in the deprivation of a fair and regular trial to one or more persons by denying jud
- 6.b.i. [Mental Element for Element 5] [Consequence of depriving one or more persons of a fair and regular trial by denying judicial guarantees:] The perpetrator meant to cause the deprivation of a fair and regular trial to one or more persons by denying j
- 6.b.ii [Mental Element for Element 5] [Consequence of depriving one or more persons of a fair and regular trial by denying judicial guarantees:] The perpetrator was aware that the deprivation of a fair and regular trial to one or more persons by denying j
- 6.c. [Mental Element for Element 5] [Circumstance of denial of judicial guarantees]: The perpetrator was aware that the denial of judicial guarantees as defined, in particular, in the third and the fourth Geneva Conventions of 1949 would deprived one or m
- 5. The perpetrator deported or transferred one or more persons to another State or to another location.
- 6.a. [Mental element for Element 5] [Conduct of deporting or transferring one or more persons to another State or to another location:] The perpetrator meant to engage in the deportation or transfer of one or more persons to another State or to another lo
- 6.b.i. [Mental element for Element 5] [Consequence of deporting or transferring one or more persons to another State or to another location:] The perpetrator meant to cause one or more persons to be deported or transferred to another State or to another l
- 6.b.ii. [Mental element for Element 5] [Consequence of deporting or transferring one or more persons to another State or to another location:] The perpetrator was aware that deportation or transfer of one or more persons to another State or to another loc
- 5. The perpetrator confined or continued to confine one or more persons to a certain location.
- 6.a. [Mental element for Element 5] [Conduct of confining or continuting to confine:] The perpetrator meant to engage in the confinement or the continuation of confinement of one or more persons to a certain location.
- 6.b.i. [Mental element for Element 5] [Consequence of confining or continuing to confine:] The perpetrator meant to confine or continue to confine one or more persons to a certain location; OR
- 6.b.ii. [Mental element for Element 5] [Consequence of confining or continuing to confine:] The perpetrator was aware that one or more persons would be confined or would continue to be confined to a certain location in the ordinary course of events.
- 5. The perpetrator seized, detained or otherwise held hostage one or more persons.
- 6. The perpetrator threatened to kill, injure or continue to detain such person or persons.
- 7. [Mental element, specific] The perpetrator intended to compel a State, an international organisation, a natural or legal person or a group of persons to act or refrain from acting as an explicit or implicit condition for the safety or the release of su
- 8.a. [Mental element for Element 5] [ Conduct of holding hostage:] The perpetrator meant to seize, detain or otherwise hold hostage one or more persons.
- 8.b.i [Mental element for Element 5] [Consequence of holding hostage]: The perpetrator meant to cause the seizure, detention or otherwise hold hostage one or more persons; OR
- 8.b.ii. [Mental element for Element 5] [Consequence of holding hostage]: The perpetrator was aware that one or more persons would be seized, detained or otherwise held hostage in the ordinary course of events.
- 9.a. [Mental element for Element 7] [Conduct of threatening]: The perpetrator meant to threaten such person or persons to death, wounds or continued detention.
- 9.b.i. [Mental element for Element 7] [Consequence of threatening]: The perpetrator meant to kill, injure or continue to detain such person or persons; OR
- 9.b.ii [Mental element for Element 7] [Consequence of threatening]: The perpetrator was aware that such person or persons would be killed, injured or continued to be detained in the ordinary course of events.
