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)(xxi) Outrages upon personal dignity
Art. 8(2)(b)(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment
- 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 humiliated, degraded or otherwise violated the dignity of one or more persons.49
- 4. The severity of the humiliation, degradation or other violation was of such degree as to be generally recognised as an outrage upon personal dignity. [Note: With respect to mental elements associated with elements involving value judgement, such as tho
- 5.a. [Mental element for Element 3] [Conduct of humiliating, degrading, or otherwise violating dignity:] The perpetrator meant to engage in conduct which was humiliating, degrading or violating of the dignity of one or more persons.
- 5.b.i. [Mental element for Element 3] [Consequence of humiliating, degrading, or otherwise violating dignity:] The perpetrator meant to cause the conduct which was humiliating, degrading, or otherwise violating the dignity of the victim; OR
- 5.b.ii. [Mental element for Element 3] [Consequence of humiliating, degrading, or otherwise violating dignity:] The perpetrator was aware that the conduct which was humiliating, degrading or otherwise violating the dignity of one or more persons would occ
