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)(xii) Denying quarter
Art. 8(2)(b)(xii) Declaring that no quarter will be given
- 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 declared or ordered that there shall be no survivors.
- 4. [Mental element, specific] Such declaration or order was given in order to threaten an adversary or to conduct hostilities on the basis that there shall be no survivors.
- 5. The perpetrator was in a position of effective command or control over the subordinate forces to which the declaration or order was directed.
- 6.a. [Mental element for Element 3] [Conduct of declaring or ordering:] The perpetrator meant to declare or order that there shall be no survivors.
- 7.c. [Mental element for Element 5] [Circumstance of effective command or control:] The perpetrator was aware that he was in a position of effective command or control over the subordinate forces to which the declaration or order was directed.
