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)(v) Compelling service
Art. 8(2)(a)(v) War crime of compelling a prisoner of war or other protected person to serve in the forces of a hostile Power
- 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 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
