INTERNATIONAL CRIMINAL COURT ELEMENTS OF CRIMES FOR NIGERIA

Article 9 of the Rome Statute of the International Criminal Court states that the “Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8“, the articles outlining Genocide, Crimes and Humanity and War Crimes.    

Below is a list of the potential Rome Statute crimes in Nigeria as identified by the ICC in its preliminary examination reports, falling under the categories of Crimes Against Humanity (Article 7) and War Crimes (Article 8). The elements of each crime are outlined in detail. 

Both the Rome Statute of the International Criminal Court and the Elements of Crimes documents can be accessed in full on the ICC website’s “Core Legal Texts” section.

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. (* A policy which has a civilian population as the object of the attack would be implemented by State or organizational action. Such a policy may, in exceptional circumstances, be implemented by a deliberate failure to take action, which is consciously aimed at encouraging such attack. The existence of such a policy cannot be inferred solely from the absence of governmental or organizational action.)

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

Elements

  1. The perpetrator killed one or more persons. (*The term “killed” is interchangeable with the term “caused death”. This footnote applies to all elements which use either of these concepts.)
  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 (* The conduct could be committed by different methods of killing, either directly or indirectly) one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population.  (* The infliction of such conditions could include the deprivation of access to food and medicine.) 
  2. The conduct constituted, or took place as part of, a mass killing of members of a civilian population. (* The term “as part of” would include the initial conduct in a mass killing.)
  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. (* It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to a servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children.)
  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 transferred, without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts. (* 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. “Deported or forcibly transferred” is interchangeable with “forcibly displaced”.)
  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

(* It is understood that no specific purpose need be proved for this crime.)

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 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. (* The concept of “invasion” is intended to be broad enough to be gender-neutral.)
  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. (* It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity. This footnote also applies to the corresponding elements of article 7 (1) (g)-3, 5 and 6.)
  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 

(* Given the complex nature of this crime, it is recognized that its commission could involve more than one perpetrator as a part of a common criminal purpose.)

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. (* It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to a servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children.)
  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. (* The deprivation is not intended to include birth-control measures which have a non-permanent effect in practice.)
  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.(* It is understood that “genuine consent” does not include consent obtained through deception.)
  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 cause 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, one or more persons of fundamental rights. (* This requirement is without prejudice to paragraph 6 of the General Introduction to the Elements of Crimes.)
  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. (* It is understood that no additional mental element is necessary for this element other than that inherent in element 6.)
  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

(* Given the complex nature of this crime, it is recognized that its commission will normally involve more than one perpetrator as a part of a common criminal purpose. This crime falls under the jurisdiction of the Court only if the attack referred to in elements 7 and 8 occurs after the entry into force of the Statute.)

Elements

  1. 1. The perpetrator: (a) Arrested, detained25, 26 or abducted one or more persons; or (* The word “detained” would include a perpetrator who maintained an existing detention. It is understood that under certain circumstances an arrest or detention may have been lawful.
    (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: (* This element, inserted because of the complexity of this crime, is without prejudice to the General Introduction to the Elements of Crimes.)
    (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; (It is understood that, in the case of a perpetrator who maintained an existing detention, this element would be satisfied if the perpetrator was aware that such a refusal had already taken place.) 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. (* It is understood that “character” refers to the nature and gravity of the act.)
  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. (* It is understood that “character” refers to the nature and gravity of the act.)
  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:

(a) 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;
(b) 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;
(c) 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) (c) (i) War Crimes of Murder, Mutilation, torture, and cruel treatment

 

ARTICLE 8 (2) (C) (I)-1 WAR CRIME OF MURDER 

Elements 

  1. The perpetrator killed one or more persons. 
  2. Such person or persons were either hors de combat, or were civilians, medical personnel, or religious personnel taking no active part in the hostilities. (* The term “religious personnel” includes those non-confessional non-combatant military personnel carrying out a similar function.)
  3. The perpetrator was aware of the factual circumstances that established this status. 
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict. 

ARTICLE 8 (2) (C) (I)-2 WAR CRIME OF MUTILATION

Elements

  1. The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage.
  2. The conduct was neither justified by the medical, dental or hospital treatment of the person or persons concerned nor carried out in such person’s or persons’ interests.
  3. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities.
  4. The perpetrator was aware of the factual circumstances that established this status.
  5. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (C) (I)-3 WAR CRIME OF CRUEL TREATMENT

Elements

  1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
  2. Such person or persons were either hors de combat, or were civilians, medical personnel, or religious personnel taking no active part in the hostilities.
  3. The perpetrator was aware of the factual circumstances that established this status.
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (C) (I)-4 WAR CRIME OF TORTURE 

Elements

  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 either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities.
  4. The perpetrator was aware of the factual circumstances that established this status.
  5. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (C) (II) WAR CRIME OF OUTRAGES UPON PERSONAL DIGNITY  

Elements 

  1. The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons. (* For this crime, “persons” can include dead persons. It is understood that the victim need not personally be aware of the existence of the humiliation or degradation or other violation. This element takes into account relevant aspects of the cultural background of the victim.
  2. The severity of the humiliation, degradation or other violation was of such degree as to be generally recognized as an outrage upon personal dignity. 
  3. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. 
  4. The perpetrator was aware of the factual circumstances that established this status. 
  5. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
  6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (C) (III) WAR CRIME OF TAKING HOSTAGES 

Elements 

  1. The perpetrator seized, detained or otherwise held hostage one or more persons. 
  2. The perpetrator threatened to kill, injure or continue to detain such person or persons. 
  3. The perpetrator intended to compel a State, an international organization, a natural or legal person or a group of persons to act or refrain from acting as an explicit or implicit condition for the safety or the release of such person or persons. 
  4. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. 
  5. The perpetrator was aware of the factual circumstances that established this status. 
  6. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
  7. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (E) (I) WAR CRIME OF ATTACKING CIVILIANS 

Elements 

1. The perpetrator directed an attack. 
2. The object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities. 
3. The perpetrator intended the civilian population as such or individual civilians not taking direct part in hostilities to be the object of the attack. 
4. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict. 

ARTICLE 8 (2) (E) (II) WAR CRIME OF ATTACKING OBJECTS OR PERSONS USING THE DISTINCTIVE EMBLEMS OF THE GENEVA CONVENTIONS 

Elements 

1. The perpetrator attacked one or more persons, buildings, medical units or transports or other objects using, in conformity with international law, a distinctive emblem or other method of identification indicating protection under the Geneva Conventions. 
2. The perpetrator intended such persons, buildings, units or transports or other objects so using such identification to be the object of the attack. 
3. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (E) (III) WAR CRIME OF ATTACKING PERSONNEL OR OBJECTS INVOLVED IN A HUMANITARIAN ASSISTANCE OR PEACEKEEPING MISSION 

 

Elements

  1. The perpetrator directed an attack. 
  2. The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations. 
  3. The perpetrator intended such personnel, installations, material, units or vehicles so involved to be the object of the attack. 
  4. Such personnel, installations, material, units or vehicles were entitled to that protection given to civilians or civilian objects under the international law of armed conflict. 
  5. The perpetrator was aware of the factual circumstances that established that protection. 
  6. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
  7. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (E) (IV) WAR CRIME OF ATTACKING PROTECTED OBJECTS 

(* The presence in the locality of persons specially protected under the Geneva Conventions of 1949 or of police forces retained for the sole purpose of maintaining law and order does not by itself render the locality a military objective.)

Elements

  1. The perpetrator directed an attack.
  2. The object of the attack was one or more buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which were not military objectives.
  3. The perpetrator intended such building or buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which were not military objectives, to be the object of the attack.
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

 

ARTICLE 8 (2) (E) (V) WAR CRIME OF PILLAGING 

Elements

  1. The perpetrator appropriated certain property.
  2. The perpetrator intended to deprive the owner of the property and to appropriate it for private or persona use. (* As indicated by the use of the term “private or personal use”, appropriations justified by military necessity cannot constitute the crime of pillaging.)
  3. The appropriation was without the consent of the owner.
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

Article 8 (2) (E) (VI) WAR CRIMES OF Rape, sexual slavery, and forced pregnancy 

ARTICLE 8 (2) (E) (VI)-1 WAR CRIME OF RAPE

Elements

  1. The perpetrator invaded 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. (* The concept of “invasion” is intended to be broad enough to be gender-neutral.)
  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. (* It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity. This footnote also applies to the corresponding elements in article 8 (2) (e) (vi)-3, 5 and 6.
  3. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (E) (VI)-2 WAR CRIME OF SEXUAL SLAVERY 

(* Given the complex nature of this crime, it is recognized that its commission could involve more than one perpetrator as a part of a common criminal purpose.)

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. (* It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children.
  2. The perpetrator caused such person or persons to engage in one or more acts of a sexual nature.
  3. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict. 

ARTICLE 8 (2) (E) (VI)-3 WAR CRIME 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 took place in the context of and was associated with an armed conflict not of an international character. 
  4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict. 

ARTICLE 8 (2) (E) (VI)-4 WAR CRIME 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 took place in the context of and was associated with an armed conflict not of an international character. 
  3. The perpetrator was aware of factual circumstances that established the existence of an armed conflict. 

ARTICLE 8 (2) (E) (VI)-5 WAR CRIME OF ENFORCED STERILIZATION 

Elements 

  1. The perpetrator deprived one or more persons of biological reproductive capacity. (* The deprivation is not intended to include birth-control measures which have a non-permanent effect in practice.
  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.(* It is understood that “genuine consent” does not include consent obtained through deception.)
  3. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
  4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict. 

ARTICLE 8 (2) (E) (VI)-6 WAR CRIME 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. The conduct was of a gravity comparable to that of a serious violation of article 3 common to the four Geneva Conventions. 
  3. The perpetrator was aware of the factual circumstances that established the gravity of the conduct. 
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character. 
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (E) (VII)  War crime of using, conscripting and enlisting children

Elements

  1. The perpetrator conscripted or enlisted one or more persons into an armed force or group or used one or more persons to participate actively in hostilities.
  2. Such person or persons were under the age of 15 years.
  3. The perpetrator knew or should have known that such person or persons were under the age of 15 years.
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

ARTICLE 8 (2) (E) (VIII) WAR CRIME OF DISPLACING CIVILIANS

Elements 

  1. The perpetrator ordered a displacement of a civilian population.
  2. Such order was not justified by the security of the civilians involved or by military necessity.
  3. The perpetrator was in a position to effect such displacement by giving such order.
  4. The conduct took place in the context of and was associated with an armed conflict not of an international character.
  5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.