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)(viii) Taking hostages
Art. 8(2)(a)(viii) War crime of taking hostages
- 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 seized, detained or otherwise held hostage one or more persons.
- 6. The perpetrator threatened to kill, injure or continue to detain such person or persons.
- 7. [Mental element, specific] The perpetrator intended to compel a State, an international organisation, a natural or legal person or a group of persons to act or refrain from acting as an explicit or implicit condition for the safety or the release of su
- 8.a. [Mental element for Element 5] [ Conduct of holding hostage:] The perpetrator meant to seize, detain or otherwise hold hostage one or more persons.
- 8.b.i [Mental element for Element 5] [Consequence of holding hostage]: The perpetrator meant to cause the seizure, detention or otherwise hold hostage one or more persons; OR
- 8.b.ii. [Mental element for Element 5] [Consequence of holding hostage]: The perpetrator was aware that one or more persons would be seized, detained or otherwise held hostage in the ordinary course of events.
- 9.a. [Mental element for Element 7] [Conduct of threatening]: The perpetrator meant to threaten such person or persons to death, wounds or continued detention.
- 9.b.i. [Mental element for Element 7] [Consequence of threatening]: The perpetrator meant to kill, injure or continue to detain such person or persons; OR
- 9.b.ii [Mental element for Element 7] [Consequence of threatening]: The perpetrator was aware that such person or persons would be killed, injured or continued to be detained in the ordinary course of events.
