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)(i)-3 Cruel treatment
Art. 8(2)(c)(i)-3 Cruel treatment
- 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 inflicted severe physical or mental pain or suffering upon one or more persons.
- 6.a. [Mental element for Element 5] [Conduct of inflicting severe physical or mental pain or suffering upon one or more persons:] The perpetrator meant to engage in the infliction of severe physical or mental pain or suffering upon one or more persons.
- 6.b.i. [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering upon one or more persons:] The perpetrator meant to cause severe physical or mental pain or suffering upon one or more persons; OR
- 6.b.ii. [Mental element for Element 5] [Consequence of inflicting severe physical or mental pain or suffering upon one or more persons:] The perpetrator was aware that severe physical or mental pain or suffering upon one or more persons will occur in the
