The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004

1. Introductory Text

2. 1. Citation, commencement and extent

3. 2. The Elements of Crimes

4. 3. The International Criminal Court Act 2001 (Elements of Crimes) Regulations...

5. Signature

6. 1. SCHEDULE

      1. Elements of Crimes

      2. 1. General Introduction

      3. 2. As stated in article 30, unless otherwise provided, a person...

      4. 3. Existence of intent and knowledge can be inferred from relevant...

      5. 4. With respect to mental elements associated with elements involving value...

      6. 5. Grounds for excluding criminal responsibility or the absence thereof are...

      7. 6. The requirement of “unlawfulness” found in the Statute or in...

      8. 7. The elements of crimes are generally structured in accordance with...

      9. 8. As used in the Elements of Crimes, the term “perpetrator”...

      10. 9. A particular conduct may constitute one or more crimes.

      11. 10. The use of short titles for the crimes has no...

      12. Article 6

      13. Genocide

      14. Introduction

      15. Article 6(a)

      16. Genocide by killing

      17. 1. Elements

      18. 2. Such person or persons belonged to a particular national, ethnical,...

      19. 3. The perpetrator intended to destroy, in whole or in part,...

      20. 4. The conduct took place in the context of a manifest...

      21. Article 6(b)

      22. Genocide by causing serious bodily or mental harm

      23. 1. Elements

      24. 2. Such person or persons belonged to a particular national, ethnical,...

      25. 3. The perpetrator intended to destroy, in whole or in part,...

      26. 4. The conduct took place in the context of a manifest...

      27. Article 6(c)

      28. Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

      29. 1. Elements

      30. 2. Such person or persons belonged to a particular national, ethnical,...

      31. 3. The perpetrator intended to destroy, in whole or in part,...

      32. 4. The conditions of life were calculated to bring about the...

      33. 5. The conduct took place in the context of a manifest...

      34. Article 6(d)

      35. Genocide by imposing measures intended to prevent births

      36. 1. Elements

      37. 2. Such person or persons belonged to a particular national, ethnical,...

      38. 3. The perpetrator intended to destroy, in whole or in part,...

      39. 4. The measures imposed were intended to prevent births within that...

      40. 5. The conduct took place in the context of a manifest...

      41. Article 6(e)

      42. Genocide by forcibly transferring children

      43. 1. Elements

      44. 2. Such person or persons belonged to a particular national, ethnical,...

      45. 3. The perpetrator intended to destroy, in whole or in part,...

      46. 4. The transfer was from that group to another group.

      47. 5. The person or persons were under the age of 18...

      48. 6. The perpetrator knew, or should have known, that the person...

      49. 7. The conduct took place in the context of a manifest...

      50. Article 7

      51. Crimes against humanity

      52. 1. Introduction

      53. 2. The last two elements for each crime against humanity describe...

      54. 3. “Attack directed against a civilian population” in these context elements...

      55. Article 7(1)(a)

      56. Crime against humanity of murder

      57. 1. Elements

      58. 2. The conduct was committed as part of a widespread or...

      59. 3. The perpetrator knew that the conduct was part of or...

      60. Article 7(1)(b)

      61. Crime against humanity of extermination

      62. 1. Elements

      63. 2. The conduct constituted, or took place as part of, a...

      64. 3. The conduct was committed as part of a widespread or...

      65. 4. The perpetrator knew that the conduct was part of or...

      66. Article 7(1)(c)

      67. Crime against humanity of enslavement

      68. 1. Elements

      69. 2. The conduct was committed as part of a widespread or...

      70. 3. The perpetrator knew that the conduct was part of or...

      71. Article 7(1)(d)

      72. Crime against humanity of deportation or forcible transfer of population

      73. 1. Elements

      74. 2. Such person or persons were lawfully present in the area...

      75. 3. The perpetrator was aware of the factual circumstances that established...

      76. 4. The conduct was committed as part of a widespread or...

      77. 5. The perpetrator knew that the conduct was part of or...

      78. Article 7(1)(e)

      79. Crime against humanity of imprisonment or other severe deprivation of physical liberty

      80. 1. Elements

      81. 2. The gravity of the conduct was such that it was...

      82. 3. The perpetrator was aware of the factual circumstances that established...

      83. 4. The conduct was committed as part of a widespread or...

      84. 5. The perpetrator knew that the conduct was part of or...

      85. Article 7(1)(f)

      86. Crime against humanity of torture

      87. 1. Elements

      88. 2. Such person or persons were in the custody or under...

      89. 3. Such pain or suffering did not arise only from, and...

      90. 4. The conduct was committed as part of a widespread or...

      91. 5. The perpetrator knew that the conduct was part of or...

      92. Article 7(1)(g)-1

      93. Crime against humanity of rape

      94. 1. Elements

      95. 2. The invasion was committed by force, or by threat of...

      96. 3. The conduct was committed as part of a widespread or...

      97. 4. The perpetrator knew that the conduct was part of or...

      98. Article 7(1)(g)-2

      99. Crime against humanity of sexual slavery

      100. 1. Elements

      101. 2. The perpetrator caused such person or persons to engage in...

      102. 3. The conduct was committed as part of a widespread or...

      103. 4. The perpetrator knew that the conduct was part of or...

      104. Article 7(1)(g)-3

      105. Crime against humanity of enforced prostitution

      106. 1. Elements

      107. 2. The perpetrator or another person obtained or expected to obtain...

      108. 3. The conduct was committed as part of a widespread or...

      109. 4. The perpetrator knew that the conduct was part of or...

      110. Article 7(1)(g)-4

      111. Crime against humanity of forced pregnancy

      112. 1. Elements

      113. 2. The conduct was committed as part of a widespread or...

      114. 3. The perpetrator knew that the conduct was part of or...

      115. Article 7(1)(g)-5

      116. Crime against humanity of enforced sterilization

      117. 1. Elements

      118. 2. The conduct was neither justified by the medical or hospital...

      119. 3. The conduct was committed as part of a widespread or...

      120. 4. The perpetrator knew that the conduct was part of or...

      121. Article 7(1)(g)-6

      122. Crime against humanity of sexual violence

      123. 1. Elements

      124. 2. Such conduct was of a gravity comparable to the other...

      125. 3. The perpetrator was aware of the factual circumstances that established...

      126. 4. The conduct was committed as part of a widespread or...

      127. 5. The perpetrator knew that the conduct was part of or...

      128. Article 7(1)(h)

      129. Crime against humanity of persecution

      130. 1. Elements

      131. 2. The perpetrator targeted such person or persons by reason of...

      132. 3. Such targeting was based on political, racial, national, ethnic, cultural,...

      133. 4. The conduct was committed in connection with any act referred...

      134. 5. The conduct was committed as part of a widespread or...

      135. 6. The perpetrator knew that the conduct was part of or...

      136. Article 7(1)(i)

      137. Crime against humanity of enforced disappearance of persons

      138. 1. Elements

      139. 2. (a) Such arrest, detention or abduction was followed or accompanied...

      140. 3. The perpetrator was aware that; (a) Such arrest, detention or...

      141. 4. Such arrest, detention or abduction was carried out by, or...

      142. 5. Such refusal to acknowledge that deprivation of freedom or to...

      143. 6. The perpetrator intended to remove such person or persons from...

      144. 7. The conduct was committed as part of a widespread or...

      145. 8. The perpetrator knew that the conduct was part of or...

      146. Article 7(1)(j)

      147. Crime against humanity of apartheid

      148. 1. Elements

      149. 2. Such act was an act referred to in article 7,...

      150. 3. The perpetrator was aware of the factual circumstances that established...

      151. 4. The conduct was committed in the context of an institutionalized...

      152. 5. The perpetrator intended to maintain such regime by that conduct....

      153. 6. The conduct was committed as part of a widespread or...

      154. 7. The perpetrator knew that the conduct was part of or...

      155. Article 7(1)(k)

      156. Crime against humanity of other inhumane acts

      157. 1. Elements

      158. 2. Such act was of a character similar to any other...

      159. 3. The perpetrator was aware of the factual circumstances that established...

      160. 4. The conduct was committed as part of a widespread or...

      161. 5. The perpetrator knew that the conduct was part of or...

      162. Article 8

      163. War crimes

      164. Introduction

      165. The elements for war crimes under article 8, paragraph 2,...

      166. Article 8(2)(a)

      167. Article 8(2)(a)(i)

      168. War crime of wilful killing

      169. 1. Elements

      170. 2. Such person or persons were protected under one or more...

      171. 3. The perpetrator was aware of the factual circumstances that established...

      172. 4. The conduct took place in the context of and was...

      173. 5. The perpetrator was aware of factual circumstances that established the...

      174. Article 8(2)(a)(ii)-1

      175. War crime of torture

      176. 1. Elements

      177. 2. The perpetrator inflicted the pain or suffering for such purposes...

      178. 3. Such person or persons were protected under one or more...

      179. 4. The perpetrator was aware of the factual circumstances that established...

      180. 5. The conduct took place in the context of and was...

      181. 6. The perpetrator was aware of factual circumstances that established the...

      182. Article 8(2)(a)(ii)-2

      183. War crime of inhuman treatment

      184. 1. Elements

      185. 2. Such person or persons were protected under one or more...

      186. 3. The perpetrator was aware of the factual circumstances that established...

      187. 4. The conduct took place in the context of and was...

      188. 5. The perpetrator was aware of factual circumstances that established the...

      189. Article 8(2)(a)(ii)-3

      190. War crime of biological experiments

      191. 1. Elements

      192. 2. The experiment seriously endangered the physical or mental health or...

      193. 3. The intent of the experiment was non-therapeutic and it was...

      194. 4. Such person or persons were protected under one or more...

      195. 5. The perpetrator was aware of the factual circumstances that established...

      196. 6. The conduct took place in the context of and was...

      197. 7. The perpetrator was aware of factual circumstances that established the...

      198. Article 8(2)(a)(iii)

      199. War crime of wilfully causing great suffering

      200. 1. Elements

      201. 2. Such person or persons were protected under one or more...

      202. 3. The perpetrator was aware of the factual circumstances that established...

      203. 4. The conduct took place in the context of and was...

      204. 5. The perpetrator was aware of factual circumstances that established the...

      205. Article 8(2)(a)(iv)

      206. War crime of destruction and appropriation of property

      207. 1. Elements

      208. 2. The destruction or appropriation was not justified by military necessity....

      209. 3. The destruction or appropriation was extensive and carried out wantonly....

      210. 4. Such property was protected under one or more of the...

      211. 5. The perpetrator was aware of the factual circumstances that established...

      212. 6. The conduct took place in the context of and was...

      213. 7. The perpetrator was aware of factual circumstances that established the...

      214. Article 8(2)(a)(v)

      215. War crime of compelling service in hostile forces

      216. 1. Elements

      217. 2. Such person or persons were protected under one or more...

      218. 3. The perpetrator was aware of the factual circumstances that established...

      219. 4. The conduct took place in the context of and was...

      220. 5. The perpetrator was aware of factual circumstances that established the...

      221. Article 8(2)(a)(vi)

      222. War crime of denying a fair trial

      223. 1. Elements

      224. 2. Such person or persons were protected under one or more...

      225. 3. The perpetrator was aware of the factual circumstances that established...

      226. 4. The conduct took place in the context of and was...

      227. 5. The perpetrator was aware of factual circumstances that established the...

      228. Article 8(2)(a)(vii)-1

      229. War crime of unlawful deportation and transfer

      230. 1. Elements

      231. 2. Such person or persons were protected under one or more...

      232. 3. The perpetrator was aware of the factual circumstances that established...

      233. 4. The conduct took placed in the context of and was...

      234. 5. The perpetrator was aware of factual circumstances that established the...

      235. Article 8(2)(a)(vii)-2

      236. War crime of unlawful confinement

      237. 1. Elements

      238. 2. Such person or persons were protected under one or more...

      239. 3. The perpetrator was aware of the factual circumstances that established...

      240. 4. The conduct took place in the context of and was...

      241. 5. The perpetrator was aware of factual circumstances that established the...

      242. Article 8(2)(a)(viii)

      243. War crime of taking hostages

      244. 1. Elements

      245. 2. The perpetrator threatened to kill, injure or continue to detain...

      246. 3. The perpetrator intended to compel a State, an international organisation,...

      247. 4. Such person or persons were protected under one or more...

      248. 5. The perpetrator was aware of the factual circumstances that established...

      249. 6. The conduct took place in the context of and was...

      250. 7. The perpetrator was aware of factual circumstances that established the...

      251. Article 8(2)(b)

      252. Article 8(2)(b)(i)

      253. War crime of attacking civilians

      254. 1. Elements

      255. 2. The object of the attack was a civilian population as...

      256. 3. The perpetrator intended the civilian population as such or individual...

      257. 4. The conduct took place in the context of and was...

      258. 5. The perpetrator was aware of factual circumstances that established the...

      259. Article 8(2)(b)(ii)

      260. War crime of attacking civilian objects

      261. 1. Elements

      262. 2. The object of the attack was civilian objects, that is,...

      263. 3. The perpetrator intended such civilian objects to be the object...

      264. 4. The conduct took place in the context of and was...

      265. 5. The perpetrator was aware of factual circumstances that established the...

      266. Article 8(2)(b)(iii)

      267. War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission

      268. 1. Elements

      269. 2. The object of the attack was personnel, installations, material, units...

      270. 3. The perpetrator intended such personnel, installations, material, units or vehicles...

      271. 4. Such personnel, installations, material, units or vehicles were entitled to...

      272. 5. The perpetrator was aware of the factual circumstances that established...

      273. 6. The conduct took place in the context of and was...

      274. 7. The perpetrator was aware of factual circumstances that established the...

      275. Article 8(2)(b)(iv)

      276. War crime of excessive incidental death, injury, or damage

      277. 1. Elements

      278. 2. The attack was such that it would cause incidental death...

      279. 3. The perpetrator knew that the attack would cause incidental death...

      280. 4. The conduct took place in the context of and was...

      281. 5. The perpetrator was aware of factual circumstances that established the...

      282. Article 8(2)(b)(v)

      283. War crime of attacking undefended places

      284. 1. Elements

      285. 2. Such towns, villages, dwellings or buildings were open for unresisted...

      286. 3. Such towns, villages, dwellings or buildings did not constitute military...

      287. 4. The conduct took place in the context of and was...

      288. 5. The perpetrator was aware of factual circumstances that established the...

      289. Article 8(2)(b)(vi)

      290. War crime of killing or wounding a person hors de combat

      291. 1. Elements

      292. 2. Such person or persons were hors de combat.

      293. 3. The perpetrator was aware of the factual circumstances that established...

      294. 4. The conduct took place in the context of and was...

      295. 5. The perpetrator was aware of factual circumstances that established the...

      296. Article 8(2)(b)(vii)-1

      297. War crime of improper use of a flag of truce

      298. 1. Elements

      299. 2. The perpetrator made such use in order to feign an...

      300. 3. The perpetrator knew or should have known of the prohibited...

      301. 4. The conduct resulted in death or serious personal injury.

      302. 5. The perpetrator knew that the conduct could result in death...

      303. 6. The conduct took place in the context of and was...

      304. 7. The perpetrator was aware of factual circumstances that established the...

      305. Article 8(2)(b)(vii)-2

      306. War crime of improper use of a flag, insignia or uniform of the hostile party

      307. 1. Elements

      308. 2. The perpetrator made such use in a manner prohibited under...

      309. 3. The perpetrator knew or should have known of the prohibited...

      310. 4. The conduct resulted in death or serious personal injury.

      311. 5. The perpetrator knew that the conduct could result in death...

      312. 6. The conduct took place in the context of and was...

      313. 7. The perpetrator was aware of factual circumstances that established the...

      314. Article 8(2)(b)(vii)-3

      315. War crime of improper use of a flag, insignia or uniform of the United Nations

      316. 1. Elements

      317. 2. The perpetrator made such use in a manner prohibited under...

      318. 3. The perpetrator knew of the prohibited nature of such use....

      319. 4. The conduct resulted in death or serious personal injury.

      320. 5. The perpetrator knew that the conduct could result in death...

      321. 6. The conduct took place in the context of and was...

      322. 7. The perpetrator was aware of factual circumstances that established the...

      323. Article 8(2)(b)(vii)-4

      324. War crime of improper use of the distinctive emblems of the Geneva Conventions

      325. 1. Elements

      326. 2. The perpetrator made such use for combatant purposes in a...

      327. 3. The perpetrator knew or should have known of the prohibited...

      328. 4. The conduct resulted in death or serious personal injury.

      329. 5. The perpetrator knew that the conduct could result in death...

      330. 6. The conduct took place in the context of and was...

      331. 7. The perpetrator was aware of factual circumstances that established the...

      332. Article 8(2)(b)(viii)

      333. The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory

      334. 1. Elements

      335. 2. The conduct took place in the context of and was...

      336. 3. The perpetrator was aware of factual circumstances that established the...

      337. Article 8(2)(b)(ix)

      338. War crime of attacking protected objects

      339. 1. Elements

      340. 2. The object of the attack was one or more buildings...

      341. 3. The perpetrator intended such building or buildings dedicated to religion,...

      342. 4. The conduct took place in the context of and was...

      343. 5. The perpetrator was aware of factual circumstances that established the...

      344. Article 8(2)(b)(x)-1

      345. War crime of mutilation

      346. 1. Elements

      347. 2. The conduct caused death or seriously endangered the physical or...

      348. 3. The conduct was neither justified by the medical, dental or...

      349. 4. Such person or persons were in the power of an...

      350. 5. The conduct took place in the context of and was...

      351. 6. The perpetrator was aware of factual circumstances that established the...

      352. Article 8(2)(b)(x)-2

      353. War crime of medical or scientific experiments

      354. 1. Elements

      355. 2. The experiment caused death or seriously endangered the physical or...

      356. 3. The conduct was neither justified by the medical, dental or...

      357. 4. Such person or persons were in the power of an...

      358. 5. The conduct took place in the context of and was...

      359. 6. The perpetrator was aware of factual circumstances that established the...

      360. Article 8(2)(b)(xi)

      361. War crime of treacherously killing or wounding

      362. 1. Elements

      363. 2. The perpetrator intended to betray that confidence or belief.

      364. 3. The perpetrator killed or injured such person or persons.

      365. 4. The perpetrator made use of that confidence or belief in...

      366. 5. Such person or persons belonged to an adverse party.

      367. 6. The conduct took place in the context of and was...

      368. 7. The perpetrator was aware of factual circumstances that established the...

      369. Article 8(2)(b)(xii)

      370. War crime of denying quarter

      371. 1. Elements

      372. 2. Such declaration or order was given in order to threaten...

      373. 3. The perpetrator was in a position of effective command or...

      374. 4. The conduct took place in the context of and was...

      375. 5. The perpetrator was aware of factual circumstances that established the...

      376. Article 8(2)(b)(xiii)

      377. War crime of destroying or seizing the enemy’s property

      378. 1. Elements

      379. 2. Such property was property of a hostile party.

      380. 3. Such property was protected from that destruction or seizure under...

      381. 4. The perpetrator was aware of the factual circumstances that established...

      382. 5. The destruction or seizure was not justified by military necessity....

      383. 6. The conduct took place in the context of and was...

      384. 7. The perpetrator was aware of factual circumstances that established the...

      385. Article 8(2)(b)(xiv)

      386. War crime of depriving the nationals of the hostile power of rights or actions

      387. 1. Elements

      388. 2. The abolition, suspension or termination was directed at the nationals...

      389. 3. The perpetrator intended the abolition, suspension or termination to be...

      390. 4. The conduct took place in the context of and was...

      391. 5. The perpetrator was aware of factual circumstances that established the...

      392. Article 8(2)(b)(xv)

      393. War crime of compelling participation in military operations

      394. 1. Elements

      395. 2. Such person or persons were nationals of a hostile party....

      396. 3. The conduct took place in the context of and was...

      397. 4. The perpetrator was aware of factual circumstances that established the...

      398. Article 8(2)(b)(xvi)

      399. War crime of pillaging

      400. 1. Elements

      401. 2. The perpetrator intended to deprive the owner of the property...

      402. 3. The appropriation was without the consent of the owner.

      403. 4. The conduct took place in the context of and was...

      404. 5. The perpetrator was aware of factual circumstances that established the...

      405. Article 8(2)(b)(xvii)

      406. War crime of employing poison or poisoned weapons

      407. 1. Elements

      408. 2. The substance was such that it causes death or serious...

      409. 3. The conduct took place in the context of and was...

      410. 4. The perpetrator was aware of factual circumstances that established the...

      411. Article 8(2)(b)(xviii)

      412. War crime of employing prohibited gases, liquids, materials or devices

      413. 1. Elements

      414. 2. The gas, substance or device was such that it causes...

      415. 3. The conduct took place in the context of and was...

      416. 4. The perpetrator was aware of factual circumstances that established the...

      417. Article 8(2)(b)(xix)

      418. War crime of employing prohibited bullets

      419. 1. Elements

      420. 2. The bullets were such that their use violates the international...

      421. 3. The perpetrator was aware that the nature of the bullets...

      422. 4. The conduct took place in the context of and was...

      423. 5. The perpetrator was aware of actual circumstances that established the...

      424. Article 8(2)(b)(xx)

      425. War crime of employing weapons, projectiles or materials or methods of warfare listed in the Annex to the Statute

      426. Elements

      427. Article 8(2)(b)(xxi)

      428. War crime of outrages upon personal dignity

      429. 1. Elements

      430. 2. The severity of the humiliation, degradation or other violation was...

      431. 3. The conduct took place in the context of and was...

      432. 4. The perpetrator was aware of factual circumstances that established the...

      433. Article 8(2)(b)(xxii)-1

      434. War crime of rape

      435. 1. Elements

      436. 2. The invasion was committed by force, or by threat of...

      437. 3. The conduct took place in the context of and was...

      438. 4. The perpetrator was aware of factual circumstances that established the...

      439. Article 8(2)(b)(xxii)-2

      440. War crime of sexual slavery

      441. 1. Elements

      442. 2. The perpetrator caused such person or persons to engage in...

      443. 3. The conduct took place in the context of and was...

      444. 4. The perpetrator was aware of factual circumstances that established the...

      445. Article 8(2)(b)(xxii)-3

      446. War crime of enforced prostitution

      447. 1. Elements

      448. 2. The perpetrator or another person obtained or expected to obtain...

      449. 3. The conduct took place in the context of and was...

      450. 4. The perpetrator was aware of factual circumstances that established the...

      451. Article 8(2)(b)(xxii)-4

      452. War crime of forced pregnancy

      453. 1. Elements

      454. 2. The conduct took place in the context of and was...

      455. 3. The perpetrator was aware of factual circumstances that established the...

      456. Article 8(2)(b)(xxii)-5

      457. War crime of enforced sterilisation

      458. 1. Elements

      459. 2. The conduct was neither justified by the medical or hospital...

      460. 3. The conduct took place in the context of and was...

      461. 4. The perpetrator was aware of factual circumstances that established the...

      462. Article 8(2)(b)(xxii)-6

      463. War crime of sexual violence

      464. 1. Elements

      465. 2. The conduct was of a gravity comparable to that of...

      466. 3. The perpetrator was aware of the factual circumstances that established...

      467. 4. The conduct took place in the context of and was...

      468. 5. The perpetrator was aware of factual circumstances that established the...

      469. Article 8(2)(b)(xxiii)

      470. War crime of using protected persons as shields

      471. 1. Elements

      472. 2. The perpetrator intended to shield a military objective from attack...

      473. 3. The conduct took place in the context of and was...

      474. 4. The perpetrator was aware of factual circumstances that established the...

      475. Article 8(2)(b)(xxiv)

      476. War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions

      477. 1. Elements

      478. 2. The perpetrator intended such persons, buildings, units or transports or...

      479. 3. The conduct took place in the context of and was...

      480. 4. The perpetrator was aware of factual circumstances that established the...

      481. Article 8(2)(b)(xxv)

      482. War crime of starvation as a method of warfare

      483. 1. Elements

      484. 2. The perpetrator intended to starve civilians as a method of...

      485. 3. The conduct took place in the context of and was...

      486. 4. The perpetrator was aware of factual circumstances that established the...

      487. Article 8(2)(b)(xxvi)

      488. War crime of using, conscripting or enlisting children

      489. 1. Elements

      490. 2. Such person or persons were under the age of 15...

      491. 3. The perpetrator knew or should have known that such person...

      492. 4. The conduct took place in the context of and was...

      493. 5. The perpetrator was aware of factual circumstances that established the...

      494. Article 8(2)(c)

      495. Article 8(2)(c)(i)-1

      496. War crime of murder

      497. 1. Elements

      498. 2. Such person or persons were either hors de combat, or...

      499. 3. The perpetrator was aware of the factual circumstances that established...

      500. 4. The conduct took place in the context of and was...

      501. 5. The perpetrator was aware of factual circumstances that established the...

      502. Article 8(2)(c)(i)-2

      503. War crime of mutilation

      504. 1. Elements

      505. 2. The conduct was neither justified by the medical, dental or...

      506. 3. Such person or persons were either hors de combat, or...

      507. 4. The perpetrator was aware of the factual circumstances that established...

      508. 5. The conduct took place in the context of and was...

      509. 6. The perpetrator was aware of factual circumstances that established the...

      510. Article 8(2)(c)(i)-3

      511. War crime of cruel treatment

      512. 1. Elements

      513. 2. Such person or persons were either hors de combat, or...

      514. 3. The perpetrator was aware of the factual circumstances that established...

      515. 4. The conduct took place in the context of and was...

      516. 5. The perpetrator was aware of factual circumstances that established the...

      517. Article 8(2)(c)(i)-4

      518. War crime of torture

      519. 1. Elements

      520. 2. The perpetrator inflicted the pain or suffering for such purposes...

      521. 3. Such person or persons were either hors de combat, or...

      522. 4. The perpetrator was aware of the factual circumstances that established...

      523. 5. The conduct took place in the context of and was...

      524. 6. The perpetrator was aware of factual circumstances that established the...

      525. Article 8(2)(c)(ii)

      526. War crime of outrages upon personal dignity

      527. 1. Elements

      528. 2. The severity of the humiliation, degradation or other violation was...

      529. 3. Such person or persons were either hors de combat, or...

      530. 4. The perpetrator was aware of the factual circumstances that established...

      531. 5. The conduct took place in the context of and was...

      532. 6. The perpetrator was aware of factual circumstances that established the...

      533. Article 8(2)(c)(iii)

      534. War crime of taking hostages

      535. 1. Elements

      536. 2. The perpetrator threatened to kill, injure or continue to detain...

      537. 3. The perpetrator intended to compel a State, an international organisation,...

      538. 4. Such person or persons were either hors de combat, or...

      539. 5. The perpetrator was aware of the factual circumstances that established...

      540. 6. The conduct took place in the context of and was...

      541. 7. The perpetrator was aware of factual circumstances that established the...

      542. Article 8(2)(c)(iv)

      543. War crime of sentencing or execution without due process

      544. 1. Elements

      545. 2. Such person or persons were either hors de combat, or...

      546. 3. The perpetrator was aware of the factual circumstances that established...

      547. 4. There was no previous judgement pronounced by a court, or...

      548. 5. The perpetrator was aware of the absence of a previous...

      549. 6. The conduct took place in the context of and was...

      550. 7. The perpetrator was aware of factual circumstances that established the...

      551. Article 8(2)(e)

      552. Article 8(2)(e)(i)

      553. War crime of attacking civilians

      554. 1. Elements

      555. 2. The object of the attack was a civilian population as...

      556. 3. The perpetrator intended the civilian population as such or individual...

      557. 4. The conduct took place in the context of and was...

      558. 5. The perpetrator was aware of factual circumstances that established the...

      559. Article 8(2)(e)(ii)

      560. War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions

      561. 1. Elements

      562. 2. The perpetrator intended such persons, buildings, units or transports or...

      563. 3. The conduct took place in the context of and was...

      564. 4. The perpetrator was aware of factual circumstances that established the...

      565. Article 8(2)(e)(iii)

      566. War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission

      567. 1. Elements

      568. 2. The object of the attack was personnel, installations, material, units...

      569. 3. The perpetrator intended such personnel, installations, material, units or vehicles...

      570. 4. Such personnel, installations, material, units or vehicles were entitled to...

      571. 5. The perpetrator was aware of the factual circumstances that established...

      572. 6. The conduct took place in the context of and was...

      573. 7. The perpetrator was aware of factual circumstances that established the...

      574. Article 8(2)(e)(iv)

      575. War crime of attacking protected objects

      576. 1. Elements

      577. 2. The object of the attack was one or more buildings...

      578. 3. The perpetrator intended such building or buildings dedicated to religion,...

      579. 4. The conduct took place in the context of and was...

      580. 5. The perpetrator was aware of factual circumstances that established the...

      581. Article 8(2)(e)(v)

      582. War crime of pillaging

      583. 1. Elements

      584. 2. The perpetrator intended to deprive the owner of the property...

      585. 3. The appropriation was without the consent of the owner.

      586. 4. The conduct took place in the context of and was...

      587. 5. The perpetrator was aware of factual circumstances that established the...

      588. Article 8(2)(e)(vi)-1

      589. War crime of rape

      590. 1. Elements

      591. 2. The invasion was committed by force, or by threat of...

      592. 3. The conduct took place in the context of and was...

      593. 4. The perpetrator was aware of factual circumstances that established the...

      594. Article 8(2)(e)(vi)-2

      595. War crime of sexual slavery

      596. 1. Elements

      597. 2. The perpetrator caused such person or persons to engage in...

      598. 3. The conduct took place in the context of and was...

      599. 4. The perpetrator was aware of factual circumstances that established the...

      600. Article 8(2)(e)(vi)-3

      601. War crime of enforced prostitution

      602. 1. Elements

      603. 2. The perpetrator or another person obtained or expected to obtain...

      604. 3. The conduct took place in the context of and was...

      605. 4. The perpetrator was aware of factual circumstances that established the...

      606. Article 8(2)(e)(vi)-4

      607. War crime of forced pregnancy

      608. 1. Elements

      609. 2. The conduct took place in the context of and was...

      610. 3. The perpetrator was aware of factual circumstances that established the...

      611. Article 8(2)(e)(vi)-5

      612. War crime of enforced sterilization

      613. 1. Elements

      614. 2. The conduct was neither justified by the medical or hospital...

      615. 3. The conduct took place in the context of and was...

      616. 4. The perpetrator was aware of factual circumstances that established the...

      617. Article 8(2)(e)(vi)-6

      618. War crime of sexual violence

      619. 1. Elements

      620. 2. The conduct was of a gravity comparable to that of...

      621. 3. The perpetrator was aware of the factual circumstances that established...

      622. 4. The conduct took place in the context of and was...

      623. 5. The perpetrator was aware of factual circumstances that established the...

      624. Article 8(2)(e)(vii)

      625. War crime of using, conscripting and enlisting children

      626. 1. Elements

      627. 2. Such person or persons were under the age of 15...

      628. 3. The perpetrator knew or should have known that such person...

      629. 4. The conduct took place in the context of and was...

      630. 5. The perpetrator was aware of factual circumstances that established the...

      631. Article 8(2)(e)(viii)

      632. War crime of displacing civilians

      633. 1. Elements

      634. 2. Such order was not justified by the security of the...

      635. 3. The perpetrator was in a position to effect such displacement...

      636. 4. The conduct took place in the context of and was...

      637. 5. The perpetrator was aware of factual circumstances that established the...

      638. Article 8(2)(e)(ix)

      639. War crime of treacherously killing or wounding

      640. 1. Elements

      641. 2. The perpetrator intended to betray that confidence or belief.

      642. 3. The perpetrator killed or injured such person or persons.

      643. 4. The perpetrator made use of that confidence or belief in...

      644. 5. Such person or persons belonged to an adverse party.

      645. 6. The conduct took place in the context of and was...

      646. 7. The perpetrator was aware of factual circumstances that established the...

      647. Article 8(2)(e)(x)

      648. War crime of denying quarter

      649. 1. Elements

      650. 2. Such declaration or order was given in order to threaten...

      651. 3. The perpetrator was in a position of effective command or...

      652. 4. The conduct took place in the context of and was...

      653. 5. The perpetrator was aware of factual circumstances that established the...

      654. Article 8(2)(e)(xi)-1

      655. War crime of mutilation

      656. 1. Elements

      657. 2. The conduct caused death or seriously endangered the physical or...

      658. 3. The conduct was neither justified by the medical, dental or...

      659. 4. Such person or persons were in the power of another...

      660. 5. The conduct took place in the context of and was...

      661. 6. The perpetrator was aware of factual circumstances that established the...

      662. Article 8(2)(e)(xi)-2

      663. War crime of medical or scientific experiments

      664. 1. Elements

      665. 2. The experiment caused the death or seriously endangered the physical...

      666. 3. The conduct was neither justified by the medical, dental or...

      667. 4. Such person or persons were in the power of another...

      668. 5. The conduct took place in the context of and was...

      669. 6. The perpetrator was aware of factual circumstances that established the...

      670. Article 8(2)(e)(xii)

      671. War crime of destroying or seizing the enemy’s property

      672. 1. Elements

      673. 2. Such property was property of an adversary.

      674. 3. Such property was protected from that destruction or seizure under...

      675. 4. The perpetrator was aware of the factual circumstances that established...

      676. 5. The destruction or seizure was not required by military necessity....

      677. 6. The conduct took place in the context of and was...

      678. 7. The perpetrator was aware of factual circumstances that established the...

7. Explanatory Note