CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(a) War crimes » Art. 8(2)(a)(iii) Great suffering
Art. 8(2)(a)(iii) War crime of wilfully causing great suffering
- 1. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
- 2. The perpetrator was aware of the factual circumstances that established that protected status.32, 33
- 3. The conduct took place in the context of and was associated with an international armed conflict.
- 4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 5. The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.
- 6.a [Mental element for Element 5] [Conduct of engaging in causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator meant to engage in conduct causing great physical or mental pai
- 6.b.i. [Mental Element for Element 5] [Consequence of causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator meant to cause great physical or mental pain or suffering to, or ser
- 6.b.ii. [Mental Element for Element 5] [Consequence of causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator was aware that great physical or mental pain or suffering to, or se
