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)(vi) Denying a fair trial
Art. 8(2)(a)(vi) War crime of wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial
- 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 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
