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)(ii) Outrages upon personal dignity
Art. 8(2)(c)(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment
- 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 humiliated, degraded or otherwise violated the dignity of one or more persons.57
- 6. The severity of the humiliation, degradation or other violation was of such degree as to be generally recognised as an outrage upon personal dignity.
- 7.a. [Mental element for Element 5] [Conduct of humiliating, degrading, or otherwise violating dignity]: The perpetrator meant to engage in conduct which was humiliating, degrading or violating of the dignity of one or more persons.
- 7.b.i. [Mental element for Element 5] [Consequence of humiliating, degrading, or otherwise violating dignity]: The perpetrator meant to cause the humiliation, degradation, or violation of the dignity of one or more persons; OR.
- 7.b.ii. [Mental element for Element 5] [Consequence of humiliating, degrading, or otherwise violating dignity]: The perpetrator was aware that the humiliation, degradation, or violation of the dignity of one or more persons would occur in the ordinary cou
