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)-5 Enforced sterilization
Art. 8(2)(b)(xxii)-5 Enforced sterilization
- 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 deprived one or more persons of biological reproductive capacity.54
- 4. The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent.55
- 5.a. [Mental element for Element 3] [Conduct of depriving one or more persons of biological reproductive capacity:] The perpetrator meant to engage in conduct which deprived one or more persons of biological reproductive capacity.
- 5.b.i. [Mental element for Element 3] [Consequence of depriving one or more persons of biological reproductive capacity:] The perpetrator meant to cause the consequence of deprivation of one or more persons of biological reproductive capacity; OR
- 5.b.ii. [Mental element for Element 3] [Consequence of depriving one or more persons of biological reproductive capacity:] The perpetrator was aware that the consequence of deprivation of one or more persons of biological reproductive capacity would occur
- 6.c.i . [Mental Element for Element 4] [Circumstance of lack of justification ]: The perpetrator was aware that the conduct was not justified by the medical or hospital treatment of the person or persons concerned; AND
- 6.c.ii [Mental Element for Element 4] [Circumstance of absence of genuine consent:] The perpetrator was aware that the conduct was not carried out with the genuine consent of the person or persons concerned.
