Article 6: Genocide

Introduction

Article 6 (a) Genocide by killing
Article 6 (b) Genocide by causing serious bodily or mental harm
Article 6 (c) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
Article 6 (d) Genocide by imposing measures intended to prevent births
Article 6 (e) Genocide by forcibly transferring children

Article 7 Crimes against humanity

Article 7 (1) (a) Crime against humanity of murder
Article 7 (1) (b) Crime against humanity of extermination
Article 7 (1) (c) Crime against humanity of enslavement
Article 7 (1) (d) Crime against humanity of deportation or forcible transfer of population
Article 7 (1) (e) Crime against humanity of imprisonment or other severe deprivation of physical liberty
Article 7 (1) (f) Crime against humanity of torture

Article 7 (1) (g)-1 Crime against humanity of rape
Article 7 (1) (g)-2 Crime against humanity of sexual slavery
Article 7 (1) (g)-3 Crime against humanity of enforced prostitution
Article 7 (1) (g)-4 Crime against humanity of forced pregnancy
Article 7 (1) (g)-5 Crime against humanity of enforced sterilization
Article 7 (1) (g)-6 Crime against humanity of sexual violence

Article 7 (1) (h) Crime against humanity of persecution
Article 7 (1) (i) Crime against humanity of enforced disappearance of
Article 7 (1) (j) Crime against humanity of apartheid
Article 7 (1) (k) Crime against humanity of other inhumane acts

Article 8 War crimes

Article 8 (2) (a)

Article 8 (2) (a) (i) War crime of wilful killing

Article 8 (2) (a) (ii)-1 War crime of torture
Article 8 (2) (a) (ii)-2 War crime of inhuman treatment
Article 8 (2) (a) (ii)-3 War crime of biological experiments

Article 8 (2) (a) (iii) War crime of wilfully causing great suffering
Article 8 (2) (a) (iv) War crime of destruction and appropriation of property
Article 8 (2) (a) (v) War crime of compelling service in hostile forces
Article 8 (2) (a) (vi) War crime of denying a fair trial

Article 8 (2) (a) (vii)-1 War crime of unlawful deportation and transfer
Article 8 (2) (a) (vii)-2 War crime of unlawful confinement

Article 8 (2) (a) (viii) War crime of taking hostages

Article 8 (2) (b)

Article 8 (2) (b) (i) War crime of attacking civilians
Article 8 (2) (b) (ii) War crime of attacking civilian objects
Article 8 (2) (b) (iii) War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
Article 8 (2) (b) (iv) War crime of excessive incidental death, injury, or damage
Article 8 (2) (b) (v) War crime of attacking undefended places
Article 8 (2) (b) (vi) War crime of killing or wounding a person hors de combat

Article 8 (2) (b) (vii)-1 War crime of improper use of a flag of truce
Article 8 (2) (b) (vii)-2 War crime of improper use of a flag, insignia or uniform of the hostile party
Article 8 (2) (b) (vii)-3 War crime of improper use of a flag, insignia or uniform of the United Nations
Article 8 (2) (b) (vii)-4 War crime of improper use of the distinctive emblems of the Geneva Conventions

Article 8 (2) (b) (viii) 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
Article 8 (2) (b) (ix) War crime of attacking protected objects

Article 8 (2) (b) (x)-1 War crime of mutilation
Article 8 (2) (b) (x)-2 War crime of medical or scientific experiments

Article 8 (2) (b) (xi) War crime of treacherously killing or wounding
Article 8 (2) (b) (xii) War crime of denying quarter
Article 8 (2) (b) (xiii) War crime of destroying or seizing the enemy’s property
Article 8 (2) (b) (xiv) War crime of depriving the nationals of the hostile power of rights or actions
Article 8 (2) (b) (xv) War crime of compelling participation in military operations
Article 8 (2) (b) (xvi) War crime of pillaging
Article 8 (2) (b) (xvii) War crime of employing poison or poisoned weapons
Article 8 (2) (b) (xviii) War crime of employing prohibited gases, liquids, materials or devices
Article 8 (2) (b) (xix) War crime of employing prohibited bullets
Article 8 (2) (b) (xx) War crime of employing weapons, projectiles or materials or methods of warfare listed in the Annex to the Statute
Article 8 (2) (b) (xxi) War crime of outrages upon personal dignity

Article 8 (2) (b) (xxii)-1 War crime of rape
Article 8 (2) (b) (xxii)-2 War crime of sexual slavery
Article 8 (2) (b) (xxii)-3 War crime of enforced prostitution
Article 8 (2) (b) (xxii)-4 War crime of forced pregnancy
Article 8 (2) (b) (xxii)-5 War crime of enforced sterilization
Article 8 (2) (b) (xxii)-6 War crime of sexual violence

Article 8 (2) (b) (xxiii) War crime of using protected persons as shields
Article 8 (2) (b) (xxiv) War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions
Article 8 (2) (b) (xxv) War crime of starvation as a method of warfare
Article 8 (2) (b) (xxvi) War crime of using, conscripting or enlisting children

Article 8 (2) (c) (i)-1 War crime of murder
Article 8 (2) (c) (i)-2 War crime of mutilation
Article 8 (2) (c) (i)-3 War crime of cruel treatment

Article 8 (2) (c) (iii) War crime of taking hostages
Article 8 (2) (c) (iv) War crime of sentencing or execution without due process

Article 8 (2) (e)

Article 8 (2) (e) (i) War crime of attacking civilians
Article 8 (2) (e) (ii) War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions
Article 8 (2) (e) (iii) War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
Article 8 (2) (e) (iv) War crime of attacking protected objects
Article 8 (2) (e) (v) War crime of pillaging

Article 8 (2) (e) (vi)-1 War crime of rape
Article 8 (2) (e) (vi)-2 War crime of sexual slavery
Article 8 (2) (e) (vi)-3 War crime of enforced prostitution
Article 8 (2) (e) (vi)-4 War crime of forced pregnancy
Article 8 (2) (e) (vi)-5 War crime of enforced sterilization
Article 8 (2) (e) (vi)-6 War crime of sexual violence

Article 8 (2) (e) (vii) War crime of using, conscripting and enlisting children
Article 8 (2) (e) (viii) War crime of displacing civilians
Article 8 (2) (e) (ix) War crime of treacherously killing or wounding
Article 8 (2) (e) (x) War crime of denying quarter

Article 8 (2) (e) (xi)-1 War crime of mutilation
Article 8 (2) (e) (xi)-2 War crime of medical or scientific experiments

Article 8 (2) (e) (xii) War crime of destroying or seizing the enemy’s property

General introduction

1. Pursuant to article 9, the following Elements of Crimes shall assist the Court in

the interpretation and application of articles 6, 7 and 8, consistent with the Statute.

The provisions of the Statute, including article 21 and the general principles set out

in Part 3, are applicable to the Elements of Crimes.

2. As stated in article 30, unless otherwise provided, a person shall be criminally

responsible and liable for punishment for a crime within the jurisdiction of the Court

only if the material elements are committed with intent and knowledge. Where no

reference is made in the Elements of Crimes to a mental element for any particular

conduct, consequence or circumstance listed, it is understood that the relevant

mental element, i.e., intent, knowledge or both, set out in article 30 applies.

Exceptions to the article 30 standard, based on the Statute, including applicable law

under its relevant provisions, are indicated below.

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

circumstances.

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

judgement, such as those using the terms “inhumane” or “severe”, it is not necessary

that the perpetrator personally completed a particular value judgement, unless

otherwise indicated.

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

generally not specified in the elements of crimes listed under each crime.[1]

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

international law, in particular international humanitarian law, is generally not

specified in the elements of crimes.

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

following principles:

As the elements of crimes focus on the conduct, consequences and circumstances associated with each crime, they are generally listed in that order;
When required, a particular mental element is listed after the affected conduct, consequence or circumstance;
Contextual circumstances are listed last.

8. As used in the Elements of Crimes, the term “perpetrator” is neutral as to guilt

or innocence. The elements, including the appropriate mental elements, apply,

mutatis mutandis, to all those whose criminal responsibility may fall under articles

25 and 28 of the Statute.

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

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

Article 6: Genocide

Introduction

With respect to the last element listed for each crime:

The term “in the context of” would include the initial acts in an emerging pattern;
The term “manifest” is an objective qualification;
Notwithstanding the normal requirement for a mental element provided for in article 30, and recognizing that knowledge of the circumstances will usually be addressed in proving genocidal intent, the appropriate requirement, if any, for a mental element regarding this circumstance will need to be decided by the Court on a case-by-case basis.

Article 6 (a) Genocide by killing

Elements

1. The perpetrator killed[2] one or more persons.

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 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.

Article 6 (b) Genocide by causing serious bodily or mental harm

Elements

1. The perpetrator caused serious bodily or mental harm to one or more persons.[3]

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 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.

Article 6 (c) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

Elements

1. The perpetrator inflicted certain conditions of life upon one or more persons.

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 conditions of life were calculated to bring about the physical destruction

of that group, in whole or in part.[4]

5. 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.

Article 6 (d) Genocide by imposing measures intended to prevent births

Elements

1. The perpetrator imposed certain measures upon one or more persons.

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 measures imposed were intended to prevent births within that group.

5. 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.

Article 6 (e) Genocide by forcibly transferring children

Elements

1. The perpetrator forcibly transferred one or more persons.[5]

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.

Article 7 Crimes against humanity

Introduction

1. Since article 7 pertains to international criminal law, its provisions, consistent

with article 22, must be strictly construed, taking into account that crimes against

humanity as defined in article 7 are among the most serious crimes of concern to the

international community as a whole, warrant and entail individual criminal

responsibility, and require conduct which is impermissible under generally

applicable international law, as recognized by the principal legal systems of the

world.

2. The last two elements for each crime against humanity describe the context in

which the conduct must take place. These elements clarify the requisite participation

in and knowledge of a widespread or systematic attack against a civilian population.

However, the last element should not be interpreted as requiring proof that the

perpetrator had knowledge of all characteristics of the attack or the precise details of

the plan or policy of the State or organization. In the case of an emerging

widespread or systematic attack against a civilian population, the intent clause of the

last element indicates that this mental element is satisfied if the perpetrator intended

to further such an attack.

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

understood to mean a course of conduct involving the multiple commission of acts

referred to in article 7, paragraph 1, of the Statute against any civilian population,

pursuant to or in furtherance of a State or organizational policy to commit such

attack. The acts need not constitute a military attack. It is understood that “policy to

commit such attack” requires that the State or organization actively promote or

encourage such an attack against a civilian population.[6]

Article 7 (1) (a) Crime against humanity of murder

Elements

1. The perpetrator killed[7] one or more persons.

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

directed against a civilian population.

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

be part of a widespread or systematic attack against a civilian population.

Article 7 (1) (b) Crime against humanity of extermination

Elements

1. The perpetrator killed[8] one or more persons, including by inflicting conditions

of life calculated to bring about the destruction of part of a population.[9]

2. The conduct constituted, or took place as part of,[10] a mass killing of members

of a civilian population.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (c) Crime against humanity of enslavement

Elements

1. The perpetrator exercised any or all of the powers attaching to the right of

ownership over one or more persons, such as by purchasing, selling, lending or

bartering such a person or persons, or by imposing on them a similar deprivation of

liberty.[11]

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (d) Crime against humanity of deportation or forcible transfer of population

Elements

1. The perpetrator deported or forcibly[12] transferred,[13] without grounds permitted

under international law, one or more persons to another State or location, by

expulsion or other coercive acts.

2. Such person or persons were lawfully present in the area from which they were

so deported or transferred.

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

lawfulness of such presence.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (e) Crime against humanity of imprisonment or other severe deprivation of physical liberty

Elements

1. The perpetrator imprisoned one or more persons or otherwise severely

deprived one or more persons of physical liberty.

2. The gravity of the conduct was such that it was in violation of fundamental

rules of international law.

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

gravity of the conduct.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (f) Crime against humanity of torture^{^[14]}

Elements

1. The perpetrator inflicted severe physical or mental pain or suffering upon one

or more persons.

2. Such person or persons were in the custody or under the control of the

perpetrator.

3. Such pain or suffering did not arise only from, and was not inherent in or

incidental to, lawful sanctions.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (g)-1 Crime against humanity of rape

Elements

1. The perpetrator invaded[15] the body of a person by conduct resulting in

penetration, however slight, of any part of the body of the victim or of the

perpetrator with a sexual organ, or of the anal or genital opening of the victim with

any object or any other part of the body.

2. The invasion was committed by force, or by 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 another person, or by taking advantage of a

coercive environment, or the invasion was committed against a person incapable of

giving genuine consent.[16]

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (g)-2 Crime against humanity of sexual slavery^{^[17]}

Elements

1. The perpetrator exercised any or all of the powers attaching to the right of

ownership over one or more persons, such as by purchasing, selling, lending or

bartering such a person or persons, or by imposing on them a similar deprivation of

liberty.[18]

2. The perpetrator caused such person or persons to engage in one or more acts of

a sexual nature.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (g)-3 Crime against humanity of enforced prostitution

Elements

1. The perpetrator caused one or more persons to engage in one or more acts of a

sexual nature by force, or by 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 or such person’s or persons’ incapacity to give genuine consent.

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

other advantage in exchange for or in connection with the acts of a sexual nature.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (g)-4 Crime against humanity of forced pregnancy

Elements

1. The perpetrator confined one or more women forcibly made pregnant, with the

intent of affecting the ethnic composition of any population or carrying out other

grave violations of international law.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (g)-5 Crime against humanity of enforced sterilization

Elements

1. The perpetrator deprived one or more persons of biological reproductive

capacity.[19]

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

person or persons concerned nor carried out with their genuine consent.[20]

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (g)-6 Crime against humanity of sexual violence

Elements

1. The perpetrator committed an act of a sexual nature against one or more

persons or caused such person or persons to engage in an act of a sexual nature by

force, or by 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 or

such person’s or persons’ incapacity to give genuine consent.

2. Such conduct was of a gravity comparable to the other offences in article 7,

paragraph 1 (g), of the Statute.

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

gravity of the conduct.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (h) Crime against humanity of persecution

Elements

1. The perpetrator severely deprived, contrary to international law,[21] one or more

persons of fundamental rights.

2. The perpetrator targeted such person or persons by reason of the identity of a

group or collectivity or targeted the group or collectivity as such.

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

religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds

that are universally recognized as impermissible under international law.

4. The conduct was committed in connection with any act referred to in article 7,

paragraph 1, of the Statute or any crime within the jurisdiction of the Court.[22]

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (i) Crime against humanity of enforced disappearance of persons^{^[23]}^{,
^[24]}

Elements

1. The perpetrator:

(a) Arrested, detained[25]^,

[26] or abducted one or more persons; or

(b) Refused to acknowledge the arrest, detention or abduction, or to give

information on the fate or whereabouts of such person or persons.

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

refusal to acknowledge that deprivation of freedom or to give information on the

fate or whereabouts of such person or persons; or

(b) Such refusal was preceded or accompanied by that deprivation of

freedom.

3. The perpetrator was aware that:[27]

(a) Such arrest, detention or abduction would be followed in the ordinary

course of events by a refusal to acknowledge that deprivation of freedom or to give

information on the fate or whereabouts of such person or persons;[28] or

(b) Such refusal was preceded or accompanied by that deprivation of

freedom.

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

authorization, support or acquiescence of, a State or a political organization.

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

information on the fate or whereabouts of such person or persons was carried out by,

or with the authorization or support of, such State or political organization.

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

of the law for a prolonged period of time.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (j) Crime against humanity of apartheid

Elements

1. The perpetrator committed an inhumane act against one or more persons.

2. Such act was an act referred to in article 7, paragraph 1, of the Statute, or was

an act of a character similar to any of those acts.[29]

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

character of the act.

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

systematic oppression and domination by one racial group over any other racial

group or groups.

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

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 7 (1) (k) Crime against humanity of other inhumane acts

Elements

1. The perpetrator inflicted great suffering, or serious injury to body or to mental

or physical health, by means of an inhumane act.

2. Such act was of a character similar to any other act referred to in article 7,

paragraph 1, of the Statute.[30]

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

character of the act.

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

directed against a civilian population.

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

be part of a widespread or systematic attack directed against a civilian population.

Article 8 War crimes

Introduction

The elements for war crimes under article 8, paragraph 2 (c) and (e), are

subject to the limitations addressed in article 8, paragraph 2 (d) and (f), which are

not elements of crimes.

The elements for war crimes under article 8, paragraph 2, of the Statute shall

be interpreted within the established framework of the international law of armed

conflict including, as appropriate, the international law of armed conflict applicable

to armed conflict at sea.

With respect to the last two elements listed for each crime:

· There is no requirement for a legal evaluation by the perpetrator as to the existence of an armed conflict or its character as international or non-international;

· In that context there is no requirement for awareness by the perpetrator of the facts that established the character of the conflict as international or non-international;

· There is only a requirement for the awareness of the factual circumstances that established the existence of an armed conflict that is implicit in the terms “took place in the context of and was associated with”.

Article 8 (2) (a)

Article 8 (2) (a) (i) War crime of wilful killing

Elements

1. The perpetrator killed one or more persons.[31]

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.[32]^,

[33]

4. The conduct took place in the context of and was associated with an

international armed conflict.[34]

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

existence of an armed conflict.

Article 8 (2) (a) (ii)-1 War crime of torture

Elements[35]

1. The perpetrator inflicted severe physical or mental pain or suffering upon one

or more persons.

2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining

information or a confession, punishment, intimidation or coercion or for any reason

based on discrimination of any kind.

3. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

5. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (ii)-2 War crime of inhuman treatment

Elements

1. The perpetrator inflicted severe physical or mental pain or suffering upon one

or more persons.

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

4. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (ii)-3 War crime of biological experiments

Elements

1. The perpetrator subjected one or more persons to a particular biological

experiment.

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

of such person or persons.

3. The intent of the experiment was non-therapeutic and it was neither justified

by medical reasons nor carried out in such person’s or persons’ interest.

4. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

6. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (iii) War crime of wilfully causing great suffering

Elements

1. The perpetrator caused great physical or mental pain or suffering to, or serious

injury to body or health of, one or more persons.

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

4. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (iv) War crime of destruction and appropriation of property

Elements

1. The perpetrator destroyed or appropriated certain property.

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

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

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

1949.

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

protected status.

6. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (v) War crime of compelling service in hostile forces

Elements

1. The perpetrator coerced one or more persons, by act or threat, to take part in

military operations against that person’s own country or forces or otherwise serve in

the forces of a hostile power.

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

4. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (vi) War crime of denying a fair trial

Elements

1. The perpetrator deprived one or more persons of a fair and regular trial by

denying judicial guarantees as defined, in particular, in the third and the fourth

Geneva Conventions of 1949.

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

4. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (vii)-1 War crime of unlawful deportation and transfer

Elements

1. The perpetrator deported or transferred one or more persons to another State or

to another location.

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.

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

protected status.

4. The conduct took place in the context of and was associated with an

international armed conflict.

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

existence of an armed conflict.

Article 8 (2) (a) (vii)-2 War crime of unlawful confinement

Elements

1. The perpetrator confined or continued to confine one or more persons to a

certain location.

2. Such person or persons were protected under one or more of the Geneva

Conventions of 1949.