Article 8 (2) (e)

• Author: International Criminal Court
• Pages: 24-29

24

Elements of Crimes

6. The conduct took place in the context of and was associated with an armed conict not of an international

character.

7. The perpetrator was aware of factual circumstances that established the existence of an armed conict.

Article 8 (2) (e)60

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 conict not of an international

character.

5. The perpetrator was aware of factual circumstances that established the existence of an armed conict.

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 identication indicating

protection under the Geneva Conventions.

2. The perpetrator intended such persons, buildings, units or transports or other objects so using such

identication to be the object of the attack.

3. The conduct took place in the context of and was associated with an armed conict not of an international

character.

4. The perpetrator was aware of factual circumstances that established the existence of an armed conict.

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 conict.

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 conict not of an international

character.

7. The perpetrator was aware of factual circumstances that established the existence of an armed conict.

60 As amended by resolut ion RC/Res.5.