CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 6 Genocide » Art. 6(e) Transferring children
Art. 6(e) Genocide by forcibly transferring children
- 1. Such person or persons belonged to a particular national, ethnical, racial or religious group.
- 2. [Mental element, specific] The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.
- 3. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.
- 4. [Mental element for element 3] [Circumstance of context:] The perpetrator was aware that the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 5. The perpetrator forcibly transferred one or more persons.5
- 6. The transfer was from that group to another group.
- 7. The person or persons were under the age of 18 years.
- 8. [Particular mental element for Element 7] The perpetrator knew, or should have known, that the person or persons were under the age of 18 years.
- 9.a [Mental element to Element 5] [Conduct of forcibly transferring children:] The perpetrator meant to engage in forcible transferof one or more persons.
- 9.b.i [Mental element to Element 5] [Consequence of forcibly transferring children:] The perpetrator meant to cause the transfer of one or more persons; OR.
- 9.b.ii. [Mental element to Element 5] [Consequence of forcibly transferring one or more persons] The perpetrator was aware that forcible transfer of one or more persons would occur in the ordinary course of events.
- 10.c. [Mental element to Element 6] [Circumstance of transfer from that group to another group:] The perpetrator was aware that the transfer was from from that group to another group.
