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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)(xxvi) Using, conscripting or enlisting children » 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.

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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.

5.1. The perpetrator knew that such person or persons were under the age of fifteen years; OR

P.9. Evidence that the perpetrator knew that such person or persons were under the age of fifteen.

5.2. The perpetrator should have known that such person or persons were under the age of fifteen years.

P.10. Evidence that the perpetrator failed to make inquiries about a person or personsage even though the person or persons could, by their appearance, be younger than fifteen.

Element:

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.

5.1. The perpetrator knew that such person or persons were under the age of fifteen years; OR

P.9. Evidence that the perpetrator knew that such person or persons were under the age of fifteen.

5.2. The perpetrator should have known that such person or persons were under the age of fifteen years.

P.10. Evidence that the perpetrator failed to make inquiries about a person or personsage even though the person or persons could, by their appearance, be younger than fifteen.

Michael Cottier, "Article 8" in Otto Triffterer, ed, Commentary on the Rome Statute of the International Criminal Court (1999) para. 232:

The Impact of Armed Conflict on Children, United Nations General Assembly, U.N. Doc. A/51/306.Add.1, 6 September 1996, p.6:

[B. Evidentiary comment:]

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