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)(xxvi) Using, conscripting or enlisting children
Art. 8(2)(b)(xxvi) The perpetrator conscripted or enlisted one or more persons into the national armed forces or used one or more persons to partic
- 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 conscripted or enlisted one or more persons into the national armed forces or used one or more persons to participate actively in hostilities.
- 4. Such person or persons were under the age of fifteen years.
- 5. [Particular mental element for Element 4] The perpetrator knew or should have known that such person or persons were under the age of fifteen years.
- 6.a [Mental element for Element 3] [Conduct of conscripting, enlisting or using:] The perpetrator meant to engage in the conscripting or enlisting of one or more persons into the national armed forces or meant to use one or more persons to participate act
- 6.a.i perpetrator meant to engage in the conscripting or enlisting of one or more persons into the national armed forces; OR
- 6.a.ii The perpetrator meant to use one or more persons to participate actively in hostilities.
- 6.b.i [Mental element for Element 3] [Consequence of conscripting, enlisting or using]: The perpetrator meant to conscript or enlist of one or more persons into the national armed forces or to cause one or more persons to be used to participate actively i
- 6.b.ii [Mental element for Element 3] [Consequence of conscripting, enlisting or using]: The perpetrator was aware that conscription or enlistment of one or more persons into the national armed forces will occur in the ordinary course of events or that on
