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)(xi)-1 Mutilation
Art. 8(2)(e)(xi)-1 Subjecting persons who are in the power of another party to the conflict to physical mutilation which is neither justified by
- 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 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.
- 4. The conduct caused death or seriously endangered the physical or mental health of such person or persons.
- 5. 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’ interest.6 8
- 6. Such person or persons were in the power of another party to the conflict.
- 7.a [Mental element for Element 3] [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
- b.b.i [Mental element for Element 4] [Consequence of subjecting to mutilation:] The perpetrator meant to cause death or seriously endanger the physical or mental health of such person or persons; OR
- 8.b.ii [Mental element for Element 4] [Consequence of subjecting to mutilation:] The perpetrator was aware that the mutilation would cause death or would seriously endanger the physical or mental health of such person or persons in the ordinary course of
- 9.c [Mental element for Element 5] [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
- 10.c [Mental element for Element 6] [Circumstance of person being in the power of an adverse party]: The perpetrator was aware that the person or persons were in the power of an adverse party.
