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)(xxii)-1 Rape
Art. 8(2)(b)(xxii)-1 Committing rape
- 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 invaded50 the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any
- 4. The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive
- 5.a [Mental element for Element 3] [Conduct of invading]: The perpetrator meant to invade the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the
- 5.b.i. [Mental element for Element 3] Consequence of invading: The perpetrator meant to invade the body of a person resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal o
- 5.b.ii. [Mental element for Element 1] Consequence of invading: The perpetrator was aware that the invading of the body, resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the a
- 6.c [Mental element for Element 4] [Circumstance of force, threat of force or coercion]: The perpetrator was aware that the invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psy
