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)(vii)-1 Deportation and transfer
Art. 8(2)(a)(vii)-1 War crime of unlawful deportation or transfer
- 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 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
