CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(v) Attacking undefended places
Art. 8(2)(b)(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not milit
- 1. The conduct took place in the context of and was associated with an international armed conflict.
- 2. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 3. The perpetrator attacked one or more towns, villages, dwellings or buildings.
- 4. Such towns, villages, dwellings or buildings were open for unresisted occupation.
- 5. Such towns, villages, dwellings or buildings did not constitute military objectives.
- 6.a [Mental element for Element 3] [Conduct of attacking:] The perpetrator meant to attack one or more towns, villages, dwellings or buildings.
- 7.c [Mental element for Element 4] [Circumstance of such towns, villages, dwellings or buildings being open for unresisted occupation:] The perpetrator was aware that such towns, villages, dwellings or buildings being open for unresisted occupation.
- 8.c [Mental element for Element 5] [Circumstance of such towns, villages, dwellings or buildings not constituting a military objective:] The perpetrator was aware that such towns, villages, dwellings or buildings did not constitute military objectives.
