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)(xvii) Employing poison or poisoned weapons
Art. 8(2)(b)(xvii) Employing poison or poisoned weapons
- 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 employed a substance or a weapon that releases a substance as a result of its employment.
- 4. The substance was such that it causes death or serious damage to health in the ordinary course of events, through its toxic properties.
- 5.a [Mental Element for Element 3] [Conduct of employing a substance or a weapon that releases a substance as a result of its employment:] The perpetrator meant to engage in employing a substance or a weapon that releases a substance as a result of its em
- 6.b.i [Mental Element for Element 4] [Consequence of the substance being such that it causes death or serious damage to health]: The perpetrator meant to cause death or serious damage to health in the ordinary course of events through the toxic properties
- 6.b.ii [Mental Element for Element 4] [Consequence of the substance being such that it causes death or serious damage to health]: The perpetrator was aware that death or serious damage to health would occur in the ordinary course of events through the tox
- 6.c [Mental Element for Element 4] [Circumstance of the substance being such that its toxic properties causes death or serious damage to health]: The perpetrator was aware that the substance was such that its toxic properties would cause death or serious
