CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(c) War crimes » Art. 8(2)(c)(i)-2 Mutilation
Art. 8(2)(c)(i)-2 Mutilation
- 1. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel56 taking no active part in the hostilities.
- 2. The perpetrator was aware of the factual circumstances that established this status.
- 3. The conduct took place in the context of and was associated with an armed conflict not of an international character.
- 4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 5. The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage.
- 6. The conduct was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor carried out in such person’s or persons’ interests.
- 7.a [Mental element for Element 5] [Conduct of subjecting to mutilation:] The perpetrator meant to subject one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ
- 7.b.i [Mental element for Element 5] [Consequence of subjecting to mutilation:] The perpetrator meant to cause mutilation; OR
- 7.b.ii. [Mental element for Element 5] [Consequence of subjecting to mutilation:] The perpetrator was aware that mutilation would occur in the ordinary course of events.
- 8.c [Mental element for Element 6] [Circumstance of lack of justification:] The perpetrator was aware that the mutilation was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor carried out in such perso
