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)(iv) Destruction and appropriation
Art. 8(2)(a)(iv) War crime of extensive destruction and appropriation of property
- 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 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.
