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)(xviii) Employing prohibited materials or devices
Art. 8(2)(b)(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices
- 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 gas or other analogous substance or device.
- 4. The gas, substance or device was such that it causes death or serious damage to health in the ordinary course of events, through its asphyxiating or toxic properties.48
- 5.a [Mental Element for Element 3] [Conduct of employing a gas or other analogous substance or device:] The perpetrator meant to engage in employing a gas or other analogous substance or device.
- 6.b.i [Mental element for Element 4] [Consequence of obtaining or expecting to obtain pecuniary or other advantage]: The perpetrator meant himself or herself or another person to obtain or expect to obtain pecuniary or other advantage in exchange for or i
- 6.b.ii [Mental Element for Element 4] [Consequence of the gas, substance or device 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
- 6.c. [Mental Element for Element 4] [Circumstance of the gas, substance or device being such that its asphyxiating or toxic properties causes death or serious damage to health]: The perpetrator was aware that the gas, substance or device was such that its
