The International Criminal Court Act 2001 (Elements of Crimes) (No. 2) 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

      ELEMENTS OF CRIMES

      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. he 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. Article 8(2)(a)

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

      167. War crime of wilful killing

      168. 1. Elements

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

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

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

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

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

      174. War crime of torture

      175. 1. Elements

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

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

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

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

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

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

      182. War crime of inhuman treatment

      183. 1. Elements

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

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

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

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

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

      189. War crime of biological experiments

      190. 1. Elements

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

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

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

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

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

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

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

      198. War crime of wilfully causing great suffering

      199. 1. Elements

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

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

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

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

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

      205. War crime of destruction and appropriation of property

      206. 1. Elements

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

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

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

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

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

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

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

      214. War crime of compelling service in hostile forces

      215. 1. Elements

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

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

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

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

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

      221. War crime of denying a fair trial

      222. 1. Elements

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

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

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

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

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

      228. War crime of unlawful deportation and transfer

      229. 1. Elements

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

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

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

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

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

      235. War crime of unlawful confinement

      236. 1. Elements

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

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

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

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

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

      242. War crime of taking hostages

      243. 1. Elements

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

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

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

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

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

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

      250. Article 8(2)(b)

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

      252. War crime of attacking civilians

      253. 1. Elements

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

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

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

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

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

      259. War crime of attacking civilian objects

      260. 1. Elements

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

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

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

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

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

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

      267. 1. Elements

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

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

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

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

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

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

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

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

      276. 1. Elements

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

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

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

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

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

      282. War crime of attacking undefended places

      283. 1. Elements

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

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

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

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

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

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

      290. 1. Elements

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

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

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

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

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

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

      297. 1. Elements

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

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

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

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

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

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

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

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

      306. 1. Elements

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

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

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

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

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

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

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

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

      315. 1. Elements

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

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

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

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

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

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

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

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

      324. 1. Elements

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

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

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

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

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

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

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

      332. 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

      333. 1. Elements

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

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

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

      337. War crime of attacking protected objects

      338. 1. Elements

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

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

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

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

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

      344. War crime of mutilation

      345. 1. Elements

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

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

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

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

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

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

      352. War crime of medical or scientific experiments

      353. 1. Elements

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

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

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

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

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

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

      360. War crime of treacherously killing or wounding

      361. 1. Elements

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

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

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

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

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

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

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

      369. War crime of denying quarter

      370. 1. Elements

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

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

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

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

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

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

      377. 1. Elements

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

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

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

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

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

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

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

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

      386. 1. Elements

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

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

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

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

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

      392. War crime of compelling participation in military operations

      393. 1. Elements

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

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

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

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

      398. War crime of pillaging

      399. 1. Elements

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

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

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

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

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

      405. War crime of employing poison or poisoned weapons

      406. 1. Elements

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

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

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

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

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

      412. 1. Elements

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

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

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

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

      417. War crime of employing prohibited bullets

      418. 1. Elements

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

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

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

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

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

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

      425. Elements

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

      427. War crime of outrages upon personal dignity

      428. 1. Elements

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

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

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

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

      433. War crime of rape

      434. 1. Elements

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

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

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

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

      439. War crime of sexual slavery

      440. 1. Elements

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

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

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

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

      445. War crime of enforced prostitution

      446. 1. Elements

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

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

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

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

      451. War crime of forced pregnancy

      452. 1. Elements

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

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

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

      456. War crime of enforced sterilisation

      457. 1. Elements

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

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

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

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

      462. War crime of sexual violence

      463. 1. Elements

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

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

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

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

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

      469. War crime of using protected persons as shields

      470. 1. Elements

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

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

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

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

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

      476. 1. Elements

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

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

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

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

      481. War crime of starvation as a method of warfare

      482. 1. Elements

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

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

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

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

      487. War crime of using, conscripting or enlisting children

      488. 1. Elements

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

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

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

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

      493. Article 8(2)(c)

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

      495. War crime of murder

      496. 1. Elements

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

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

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

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

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

      502. War crime of mutilation

      503. 1. Elements

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

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

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

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

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

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

      510. War crime of cruel treatment

      511. 1. Elements

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

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

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

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

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

      517. War crime of torture

      518. 1. Elements

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

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

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

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

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

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

      525. War crime of outrages upon personal dignity

      526. 1. Elements

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

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

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

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

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

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

      533. War crime of taking hostages

      534. 1. Elements

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

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

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

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

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

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

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

      542. War crime of sentencing or execution without due process

      543. 1. Elements

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

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

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

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

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

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

      550. Article 8(2)(e)

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

      552. War crime of attacking civilians

      553. 1. Elements

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

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

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

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

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

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

      560. 1. Elements

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

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

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

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

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

      566. 1. Elements

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

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

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

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

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

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

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

      574. War crime of attacking protected objects

      575. 1. Elements

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

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

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

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

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

      581. War crime of pillaging

      582. 1. Elements

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

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

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

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

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

      588. War crime of rape

      589. 1. Elements

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

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

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

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

      594. War crime of sexual slavery

      595. 1. Elements

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

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

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

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

      600. War crime of enforced prostitution

      601. 1. Elements

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

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

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

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

      606. War crime of forced pregnancy

      607. 1. Elements

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

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

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

      611. War crime of enforced sterilization

      612. 1. Elements

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

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

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

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

      617. War crime of sexual violence

      618. 1. Elements

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

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

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

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

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

      624. War crime of using, conscripting and enlisting children

      625. 1. Elements

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

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

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

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

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

      631. War crime of displacing civilians

      632. 1. Elements

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

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

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

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

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

      638. War crime of treacherously killing or wounding

      639. 1. Elements

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

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

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

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

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

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

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

      647. War crime of denying quarter

      648. 1. Elements

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

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

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

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

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

      654. War crime of mutilation

      655. 1. Elements

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

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

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

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

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

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

      662. War crime of medical or scientific experiments

      663. 1. Elements

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

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

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

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

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

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

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

      671. 1. Elements

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

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

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

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

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

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

7. Explanatory Note