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

Elements

1.  The perpetrator forcibly transferred one or more persons(1).

2.  Such person or persons belonged to a particular national, ethnical, racial or religious group.

3.  The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

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

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

6.  The perpetrator knew, or should have known, that the person or persons were under the age of 18 years.

7.  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.

(1)

The term “forcibly” is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment.