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)(vii)-1 Flag of truce
Art. 8(2)(b)(vii)-1 Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nation
- 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 used a flag of truce.
- 4. The perpetrator made such use in order to feign an intention to negotiate when there was no such intention on the part of the perpetrator.
- 5. [Mental element, specific] The perpetrator knew or should have known of the prohibited nature of such use.39
- 6. The conduct resulted in death or serious personal injury.
- 7. [Particular mental ekement for Element 6] The perpetrator knew that the conduct could result in death or serious personal injury.
- 8.a [Mental Element for Element 3] [Conduct of using a flag of truce:] The perpetrator meant to engage in the conduct of using a flag of truce.
- 9.b.i. [Mental Element for Element 4] [Consequence of such flag of truce being used to feign an intention]: The perpetrator meant to feign an intention to negotiate when there was no such intention.
- 9.b.ii. [Mental Element for Element 4] [Consequence of such flag of truce being used to feign an intention]: The perpetrator was aware that in the ordinary course of events such use will feign an intention to negotiate.
