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)(xv) Compelling participation in military operations
Art. 8(2)(b)(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if
- 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 coerced one or more persons by act or threat to take part in military operations against that person's own country or forces.
- 5.a [Mental element for Element 3] [The conduct of coercing one or more persons by act or threat to take part in military operations against that person's own country or forces:] The perpetrator meant to coerce one or more persons by act or threat to take
- 6.b.i [Mental element for Element 3] [Consequence of coercing one or more persons by act or threat to take part in military operations against that person's own country or forces:] The perpetrator meant to cause coercion of one or more persons by act or t
- 6.b.ii [Mental element for Element 3] [Consequence of coercing one or more persons by act or threat to take part in military operations against that person's own country or forces:] The perpetrator was aware that coercion of one or more persons by act or
- 7.c [Mental element for Element 4] [Circumstance of one or more persons being nationals of the hostile party:] The perpetrator was aware that these one or more persons nationals of the hostile party.
