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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)-6 Sexual violence » 6.b.ii. [Mental element for Element 3] [Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator was aware that he or she would commit an act of a sexual nature or would ca

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6.b.ii. [Mental element for Element 3] [Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature in the ordinary course of events.

P.36. Evidence inferred from a utterance, a document or a deed.

P.36.1. Evidence of subjecting one or more persons to forced nudity.

P.36.2. Evidence of forcing a person or persons to perform exercices naked in public.

P.36.3. Evidence of forcing a person or persons to march around naked in public.

P.36.4. Evidence of forcing a person or persons to dance and strip naked in public.

P.36.5. Evidence of forcing a person or persons to bathe the perpetrator.

P.36.6. Evidence of forcing one or more persons to have sexual intercourse.

P.36.7. Evidence of forcing one or more persons to commit incest.

P.36.8. Evidence of forcing one or more persons to dress in provocative clothing.

P.37. Evidence inferred from a circumstance.

Element:

6.b.ii. [Mental element for Element 3] [Consequence of committing an act of a sexual nature or causing a person or persons to engage in an act of a sexual nature]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature in the ordinary course of events.

P.36. Evidence inferred from a utterance, a document or a deed.

P.36.1. Evidence of subjecting one or more persons to forced nudity.

P.36.2. Evidence of forcing a person or persons to perform exercices naked in public.

P.36.3. Evidence of forcing a person or persons to march around naked in public.

A. Legal source/authority and evidence:

[B. Evidentiary comment:]

P.36.4. Evidence of forcing a person or persons to dance and strip naked in public.

A. Legal source/authority and evidence:

[B. Evidentiary comment:]

P.36.5. Evidence of forcing a person or persons to bathe the perpetrator.

P.36.6. Evidence of forcing one or more persons to have sexual intercourse.

P.36.7. Evidence of forcing one or more persons to commit incest.

A. Legal source/authority and evidence:

Prosecutor v. Zejnil Delalić et al., Case No. IT-96-21-T, Judgement (TC), 16 November 1998, paras. 1065-1066:

[B. Evidentiary comment:]

P.36.8. Evidence of forcing one or more persons to dress in provocative clothing.

P.37. Evidence inferred from a circumstance.

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