CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(viii) Displacing civilians
Art. 8(2)(e)(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians
- 1. The conduct took place in the context of and was associated with an armed conflict not of an international character.
- 2. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 3. The perpetrator ordered a displacement of a civilian population.
- 4. Such order was not justified by the security of the civilians involved or by military necessity.
- 5. The perpetrator was in a position to effect such displacement by giving such order.
- 6.a [Mental element for Element 3] [Conduct of ordering displacement:] The perpetrator meant to order a displacement of a civilian population.
- 6.c [Mental element for Element 3] [Circumstance of the population being civilian:] The perpetrator was aware that a civilian population was the object of the ordered displacement.
- 7.c [Mental element for Element 4] [Circumstance of lack of justification:] The perpetrator was aware that such order was not justified by the security of the civilians involved or by military necessity.
- 8.c. [Mental element for Element 5] [Circumstance of position of power to effect displacement:] The perpetrator was aware that he/she was in a position to effect such displacement by giving such order.
