Article 8 (2) (c)

• Author: International Criminal Court
• Pages: 21-23

21

Elements of Crimes

Article 8 (2) (b) (xxiv)

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 international armed conict.

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

Article 8 (2) (b) (xxv)

War crime of starvation as a method of warfare

Elements

1. The perpetrator deprived civilians of objects indispensable to their survival.

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

3. The conduct took place in the context of and was associated with an international armed conict.

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

Article 8 (2) (b) (xxvi)

War crime of using, conscripting or enlisting children

Elements

1. The perpetrator conscripted or enlisted one or more persons into the national armed forces 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 international armed conict.

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

Article 8 (2) (c)

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

personnel56 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 conict not of an international

character.

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

56 The term “reli gious person nel” includes thos e non-confessiona l non-combatant mi litary pe rsonnel carr ying out a sim ilar func tion.