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)(ii)-1 Torture
Art. 8(2)(a)(ii)-1 War crime of torture
- 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 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
