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)(xvi) Pillaging
Art. 8(2)(b)(xvi) "Pillaging a town or place, even when taken by assault
- 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 appropriated certain property.
- 4. [Mental element, specific] The perpetrator intended to deprive the owner of the property and to appropriate it for private or personal use.47
- 5. The appropriation was without the consent of the owner.
- 6.a [Mental element for Element 3] [Conduct of appropriation:] the perpetrator meant to engage in the appropriation of property.
- 6.b.i. [Mental element for Element 3] [Consequence of appropriation]: the perpetrator meant to appropriate certain property; OR
- 6.b.ii. [Mental element for Element 3] [Consequence of appropriation]: the perpetrator was aware that certain property would be appropriated in the ordinary course of events.
- 7.c [Mental element for Element 5] [Circumstance of the appropriation being without the consent of the owner:] the perpetrator was aware that the appropriation was without the consent of the owner.
