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)-2 Flag etc of the hostile party
Art. 8(2)(b)(vii)-2 Making improper use of the flag or of the military insignia and uniform of the hostile party, resulting in death or serious pers
- 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, insignia or uniform of the hostile party.
- 4. The perpetrator made such use in a manner prohibited under the international law of armed conflict while engaged in an attack.
- 5. [Particular mental element for Element 4]The perpetrator knew or should have known of the prohibited nature of such use.40
- 6. The conduct resulted in death or serious personal injury.
- 7. [Particular mental element 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, insignia or uniform of the hostile party:] The perpetrator meant to engage in the conduct of using a flag, insignia or uniform of the hostile party.
