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)-3 Enforced prostitution
Art. 8(2)(b)(xxii)-3 Enforced prostitution
- 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 caused one or more persons to engage in one or more acts of a sexual nature 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 suc
- 4. The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature.
- 5.a. [Mental element for Element 3] [Conduct of causing a person or persons to engage in one or more acts of a sexual nature:] The perpetrator meant to engage in the conduct causing one or more persons to engage in one or more acts of a sexual nature.
- 5.b.i [Mental element for Element 3] [Consequence of causing one or more persons to engage in acts of a sexual nature:] The perpetrator meant to cause one or more persons or to engage in acts of a sexual nature; OR
- 5.b.ii. [Mental element for Element 3] [Consequence of causing a person or persons to engage in an act of a sexual nature:] The perpetrator was aware that one or more persons would engage in an act of a sexual nature in the ordinary course of events.
- 5.c. [Mental element for Element 3] [Circumstance of force, threat of force or coercion or taking advantage of a coercive environment or of a person's incapacity to give genuine consent]: The perpetrator was aware that he or she caused a person or persons
- 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
- 6.b.ii [Mental element for Element 4] [Consequence of obtaining or expecting to obtain pecuniary or other advantage]: The perpetrator was aware that he or she or another person would obtain or expect to obtain pecuniary or other advantage in exchange for
- 6.c [Mental element for Element 4] [Circumstance of another person obtaining or expecting pecuniary or other advantage]: The perpetrator was aware that another person obtained or expected to obtain a pecuniary or other advantage in exchange for or in conn
