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)(iv) Sentencing or execution without due process
Art. 8(2)(c)(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted co
- 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 passed sentence or executed one or more persons.58
- 6. There was no previous judgement pronounced by a court, or the court that rendered judgement was not "regularly constituted", that is, it did not afford the essential guarantees of independence and impartiality, or the court that rendered judg
- 7. [Particular mental element for Element 6] The perpetrator was aware of the absence of a previous judgement or of the denial of relevant guarantees and the fact that they are essential or indispensable to a fair trial.
- 8. a. [Mental element for element 5] [Conduct of passing sentence or executing one or more persons:] The perpetrator meant to engage in the conduct of passing sentence or executing one or more persons.
- 8.b.i [Mental element for element 5] [Consequence of passing sentence or executing one or more persons:] The perpetrator meant to cause the passing of sentence or the executing of one or more persons.; OR
- 8.b.ii. [Mental element for element 5] [Consequence of passing sentence or executing one or more persons:] The perpetrator was aware that passing sentence or executing one or more persons would occur in the ordinary course of events.
