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)-2 Confinement
Art. 8(2)(a)(vii)-2 War crime of unlawful confinement
- 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 confined or continued to confine one or more persons to a certain location.
- 6.a. [Mental element for Element 5] [Conduct of confining or continuting to confine:] The perpetrator meant to engage in the confinement or the continuation of confinement of one or more persons to a certain location.
- 6.b.i. [Mental element for Element 5] [Consequence of confining or continuing to confine:] The perpetrator meant to confine or continue to confine one or more persons to a certain location; OR
- 6.b.ii. [Mental element for Element 5] [Consequence of confining or continuing to confine:] The perpetrator was aware that one or more persons would be confined or would continue to be confined to a certain location in the ordinary course of events.
