The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001
1Citation, commencement and extent
2The Elements of Crimes
SCHEDULEElements of Crimes
Explanatory note: The structure of the elements of the crimes...
Elements of crimes
General Introduction
1Pursuant to article 9, the following Elements of Crimes shall...
2As stated in article 30, unless otherwise provided, a person...
3Existence of intent and knowledge can be inferred from relevant...
4With respect to mental elements associated with elements involving value...
5Grounds for excluding criminal responsibility or the absence thereof are...
6The requirement of “unlawfulness” found in the Statute or in...
7The elements of crimes are generally structured in accordance with...
8As used in the Elements of Crimes, the term “perpetrator”...
9A particular conduct may constitute one or more crimes.
10The use of short titles for the crimes has no...
Article 6Genocide
Introduction
With respect to the last element listed for each crime:...
Article 6(a)Genocide by killing
Elements
1The perpetrator killed one or more persons.
2Such person or persons belonged to a particular national, ethnical,...
3The perpetrator intended to destroy, in whole or in part,...
4The conduct took place in the context of a manifest...
Article 6(b)Genocide by causing serious bodily or mental harm
Elements
1The perpetrator caused serious bodily harm or mental harm to...
2Such person or persons belonged to a particular national, ethnical,...
3The perpetrator intended to destroy, in whole or in part,...
4The conduct took place in the context of a manifest...
Article 6(c)Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
Elements
1The perpetrator inflicted certain conditions of life upon one or...
2Such person or persons belonged to a particular national, ethnical,...
3The perpetrator intended to destroy, in whole or in part,...
4The conditions of life were calculated to bring about the...
5The conduct took place in the context of a manifest...
Article 6(d)Genocide by imposing measures intended to prevent births
Elements
1The perpetrator imposed certain measures upon one or more persons....
2Such person or persons belonged to a particular national, ethnical,...
3The perpetrator intended to destroy, in whole or in part,...
4The measures imposed were intended to prevent births within that...
5The conduct took place in the context of a manifest...
Article 6(e)Genocide by forcibly transferring children
Elements
1The perpetrator forcibly transferred one or more persons.
2Such person or persons belonged to a particular national, ethnical,...
3The perpetrator intended to destroy, in whole or in part,...
4The transfer was from that group to another group.
5The person or persons were under the age of 18...
6The perpetrator knew, or should have known, that the person...
7The conduct took place in the context of a manifest...
Article 7Crimes against humanity
Introduction
1Since article 7 pertains to international criminal law, its provisions,...
2The last two elements for each crime against humanity describe...
3“Attack directed against a civilian population” in these context elements...
Article 7(1)(a)Crime against humanity of murder
Elements
1The perpetrator killed one or more persons.
2The conduct was committed as part of a widespread or...
3The perpetrator knew that the conduct was part of or...
Article 7(1)(b)Crime against humanity of extermination
Elements
1The perpetrator killed one or more persons, including by inflicting...
2The conduct constituted, or took place as part of, a...
3The conduct was committed as part of a widespread or...
4The perpetrator knew that the conduct was part of or...
Article 7(1)(c)Crime against humanity of enslavement
Elements
1The perpetrator exercised any or all of the powers attaching...
2The conduct was committed as part of a widespread or...
3The perpetrator knew that the conduct was part of or...
Article 7(1)(d)Crime against humanity of deportation or forcible transfer of population
Elements
1The perpetrator deported or forcibly transferred, without grounds permitted under...
2Such person or persons were lawfully present in the area...
3The perpetrator was aware of the factual circumstances that established...
4The conduct was committed as part of a widespread or...
5The perpetrator knew that the conduct was part of or...
Article 7(1)(e)Crime against humanity of imprisonment or other severe deprivation of physical liberty
Elements
1The perpetrator imprisoned one or more persons or otherwise severely...
2The gravity of the conduct was such that it was...
3The perpetrator was aware of the factual circumstances that established...
4The conduct was committed as part of a widespread or...
5The perpetrator knew that the conduct was part of or...
Article 7(1)(f)Crime against humanity of torture
Elements
1The perpetrator inflected severe physical or mental pain or suffering...
2Such person or persons were in the custody or under...
3Such pain or suffering did not arise only from, and...
4The conduct was committed as part of a widespread or...
5The perpetrator knew that the conduct was part of or...
Article 7(1)(g)–1Crime against humanity of rape
Elements
1The perpetrator invaded the body of a person by conduct...
2The invasion as committed by force, or by threat of...
3The conduct was committed as part of a widespread or...
4The perpetrator knew that the conduct was part of or...
Article 7(1)(g)–2Crime against humanity of sexual slavery
Elements
1The perpetrator exercised any or all of the powers attaching...
2The perpetrator caused such person or persons to engage in...
3The conduct was committed as part of a widespread or...
4The perpetrator knew that the conduct was part of or...
Article 7(1)(g)–3Crime against humanity of enforced prostitution
Elements
1The perpetrator caused one or more persons to engage in...
2The perpetrator or another person obtained or expected to obtain...
3The conduct was committed as part of a widespread or...
4The perpetrator knew that the conduct was part of or...
Article 7(1)(g)–4Crime against humanity of forced pregnancy
Element
1The perpetrator confined one or more women forcibly made pregnant,...
2The conduct was committed as part of a widespread or...
3The perpetrator knew that the conduct was part of or...
Article 7(1)(g)–5Crime against humanity of enforced sterilization
Elements
1The perpetrator deprived one or more persons of biological reproductive...
2The conduct was neither justified by the medical or hospital...
3The conduct was committed as part of a widespread or...
4The perpetrator knew that the conduct was part of or...
Article 7(1)(g)–6Crime against humanity of sexual violence
Elements
1The perpetrator committed an act of a sexual nature against...
2Such conduct was of a gravity comparable to the other...
3The perpetrator was aware of the factual circumstances that established...
4The conduct was committed as part of a widespread or...
5The perpetrator knew that the conduct was part of or...
Article 7(1)(h)Crime against humanity of persecution
Elements
1The perpetrator severely deprived, contrary to international law, one or...
2The perpetrator targeted such person or persons by reason of...
3Such targeting was based on political, racial, national, ethnic, cultural,...
4The conduct was committed in connection with any act referred...
5The conduct was committed as part of a widespread or...
6The perpetrator knew that the conduct was part of or...
Article 7(1)(i)Crime against humanity of enforced disappearance of persons
Elements
1The perpetrator: (a) Arrested, detained or abducted one or more...
2(a) Such arrest, detention or abduction was followed or accompanied...
3The perpetrator was aware that: (a) Such arrest, detention or...
4Such arrest, detention or abduction was carried out by, or...
5Such refusal to acknowledge that deprivation of freedom or to...
6The perpetrator intended to remove such person or persons from...
7The conduct was committed as part of a widespread or...
8The perpetrator knew that the conduct was part of or...
Article 7(1)(j)Crime against humanity of apartheid
Elements
1The perpetrator committed an inhumane act against one or more...
2Such act was an act referred to in article 7,...
3The perpetrator was aware of the factual circumstances that established...
4The conduct was committed in the context of an institutionalized...
5The perpetrator intended to maintain such regime by that conduct....
6The conduct was committed as part of a widespread or...
7The perpetrator knew that the conduct was part of or...
Article 7(1)(k)Crime against humanity of other inhumane acts
Elements
1The perpetrator inflicted great suffering, or serious injury to body...
2Such act was of a character similar to any other...
3The perpetrator was aware of the factual circumstances that established...
4The conduct was committed as part of a widespread or...
5The perpetrator knew that the conduct was part of or...
Article 8War crimes
Introduction
The elements for war crimes under article 8, paragraph 2(c)...
The elements for war crimes under article 8, paragraph 2,...
With respect to the last two elements listed for each...
Article 8(2)(a)Article 8(2)(a)(i)War crime of wilful killing
Elements
1The perpetrator killed one or more persons.
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(ii)–1War crime of torture
Elements
1The perpetrator inflicted severe physical or mental pain or suffering...
2The perpetrator inflicted the pain or suffering for such purposes...
3Such person or persons were protected under one or more...
4The perpetrator was aware of the factual circumstances that established...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(iii)–2War crime of inhuman treatment
Elements
1The perpetrator inflicted severe physical or mental pain or suffering...
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(ii)–3War crime of biological experiments
Elements
1The perpetrator subjected one or more persons to a particular...
2The experiment seriously endangered the physical or mental health or...
3The intent of the experiment was non-therapeutic and it was...
4Such person or persons were protected under one or more...
5The perpetrator was aware of the factual circumstances that established...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(iii)War crime of wilfully causing great suffering
Elements
1The perpetrator caused great physical or mental pain or suffering...
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(iv)War crime of destruction and appropriation of property
Elements
1The perpetrator destroyed or appropriated certain property.
2The destruction or appropriation was not justified by military necessity....
3The destruction or appropriation was extensive and carried out wantonly....
4Such property was protected under one or more of the...
5The perpetrator was aware of the factual circumstances that established...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(v)War crime of compelling service in hostile forces
Elements
1The perpetrator coerced one or more persons, by act or...
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(vi)War crime of denying a fair trial
Elements
1The perpetrator deprived one or more persons of a fair...
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(vii)–1War crime of unlawful deportation and transfer
Elements
1The perpetrator deported or transferred one or more persons to...
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(vii)–2War crime of unlawful confinement
Elements
1The perpetrator confined or continued to confine one or more...
2Such person or persons were protected under one or more...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(viii)War crime of taking hostages
Elements
1The perpetrator seized, detained or otherwise held hostage one or...
2The perpetrator threatened to kill, injure or continue to detain...
3The perpetrator intended to compel a State, an international organization,...
4Such person or persons were protected under one or more...
5The perpetrator was aware of the factual circumstances that established...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)Article 8(2)(b)(i)War crime of attacking civilians
Elements
1The perpetrator directed an attack.
2The object of the attack was a civilian population as...
3The perpetrator intended the civilian population as such or individual...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(ii)War crime of attacking civilian objects
Elements
1The perpetrator directed an attack.
2The object of the attack was civilian objects, that is...
3The perpetrator intended such civilian objects to be the object...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(iii)War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
Elements
1The perpetrator directed an attack.
2The object of the attack was personnel, installations, material, units...
3The perpetrator intended such personnel, installations, material, units or vehicles...
4Such personnel, installations, material, units or vehicles were entitled to...
5The perpetrator was aware of the factual circumstances that established...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(iv)War crime of excessive incidental death, injury or damage
Elements
1The perpetrator launched an attack.
2The attack was such that it would cause incidental death...
3The perpetrator knew that the attack would cause incidental death...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(v)War crime of attacking undefended places
Elements
1The perpetrator attacked one or more towns, villages, dwellings or...
2Such towns, villages, dwellings or buildings were open for unresisted...
3Such towns, villages, dwellings or buildings did not consititute military...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(vi)War crime of killing or wounding a person hors de combat
Elements
1The perpetrator killed or injured one or more persons.
2Such person or persons were hors de combat.
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(vii)–1War crime of improper use of a flag of truce
Elements
1The perpetrator used a flag of truce.
2The perpetrator made such use in order to feign an...
3The perpetrator knew or should have known of the prohibited...
4The conduct resulted in death or serious personal injury.
5The perpetrator knew that the conduct could result in death...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(vii)–2War crime of improper use of a flag, insignia or uniform of the hostile party
Elements
1The perpetrator used a flag, insignia or uniform of the...
2The perpetrator made such use in a manner prohibited under...
3The perpetrator knew or should have known of the prohibited...
4The conduct resulted in death or serious personal injury.
5The perpetrator knew that the conduct could result in death...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(vii)–3War crime of improper use of a flag, insignia or uniform of the United Nations
Elements
1The perpetrator used a flag, insignia or uniform of the...
2The perpetrator made such use in a manner prohibited under...
3The perpetrator knew of the prohibited nature of such use....
4The conduct resulted in death or serious personal injury.
5The perpetrator knew that the conduct could result in death...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(vii)–4War crime of improper use of the distinctive emblems of the Geneva Conventions
Elements
1The perpetrator used the distinctive emblems of the Geneva Conventions....
2The perpetrator made such use for combatant purposes in a...
3The perpetrator knew or should have known of the prohibited...
4The conduct resulted in death or serious personal injury.
5The perpetrator knew that the conduct could result in death...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
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
Elements
1The perpetrator: (a) Transferred, directly or indirectly, parts of its...
2The conduct took place in the context of and was...
3The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(ix)War crime of attacking protected objects
Elements
1The perpetrator directed an attack.
2The object of the attack was one or more buildings...
3The perpetrator intended such building or buildings dedicated to religion,...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(x)–1War crime of mutilation
Elements
1The perpetrator subjected one or more persons to mutilation, in...
2The conduct caused death or seriously endangered the physical or...
3The conduct was neither justified by the medical, dental or...
4Such person or persons were in the power of an...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(x)–2War crime of medical or scientific experiments
Elements
1The perpetrator subjected one or more persons to a medical...
2The experiment caused death or seriously endangered the physical or...
3The conduct was neither justified by the medical, dental or...
4Such person or persons were in the power of an...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xi)War crime of treacherously killing or wounding
Elements
1The perpetrator invited the confidence or belief of one or...
2The perpetrator intended to betray that confidence or belief.
3The perpetrator killed or injured such person or persons.
4The perpetrator made use of that confidence or belief in...
5Such person or persons belonged to an adverse party.
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xii)War crime of denying quarter
Elements
1The perpetrator declared or ordered that there shall be no...
2Such declaration or order was given in order to threaten...
3The perpetrator was in a position of effective command or...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xiii)War crime of destroying or seizing the enemy’s property
Elements
1The perpetrator destroyed or seized certain property.
2Such property was property of a hostile party.
3Such property was protected from that destruction or seizure under...
4The perpetrator was aware of the factual circumstances that established...
5The destruction or seizure was not justified by military necessity....
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xiv)War crime of depriving the nationals of the hostile power of rights or actions
Elements
1The perpetrator effected the abolition, suspension or termination of admissibility...
2The abolition, suspension or termination was directed at the nationals...
3The perpetrator intended the abolition, suspension or termination to be...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstance that established the...
Article 8(2)(b)(xv)War crime of compelling participation in military operations
Elements
1The perpetrator coerced one or more persons by act or...
2Such persons or persons were nationals of a hostile party....
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xvi)War crime of pillaging
Elements
1The perpetrator appropriated certain property.
2The perpetrator intended to deprive the owner of the property...
3The appropriation was without the consent of the owner.
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xvii)War crime of employing poison or poisoned weapons
Elements
1The perpetrator employed a substance or a weapon that releases...
2The substance was such that it causes death or serious...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xviii)War crime of employing prohibited gases, liquids, materials or devices
Elements
1The perpetrator employed a gas or other analogous substance or...
2The gas, substance or device was such that it causes...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xix)War crime of employing prohibited bullets
Elements
1The perpetrator employed certain bullets.
2The bullets were such that their use violates the international...
3The perpetrator was aware that the nature of the bullets...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xx)War crime of employing weapons, projectiles or materials or methods of warfare listed in the Annex to the Statute
Elements
[Elements will have to be drafted once weapons, projectiles or...
Article 8(2)(b)(xxi)War crime of outrages upon personal dignity
Elements
1The perpetrator humiliated, degraded or otherwise violated the dignity of...
2The severity of the humiliation, degradation or other violation was...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxii)–1War crime of rape
Elements
1The perpetrator invaded the body of a person by conduct...
2The invasion was committed by force, or by threat of...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxii)–2War crime of sexual slavery
Elements
1The perpetrator exercised any or all of the powers attaching...
2The perpetrator caused such person or persons to engage in...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxii)–3War crime of enforced prostitution
Elements
1The perpetrator caused one or more persons to engage in...
2The perpetrator or another person obtained or expected to obtain...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxii)–4War crime of forced pregnancy
Elements
1The perpetrator confined one or more women forcibly made pregnant,...
2the conduct took place in the context of and was...
3The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxii)–5War crime of enforced sterilization
Elements
1The perpetrator deprived one or more persons of biological reproductive...
2The conduct was neither justified by the medical or hospital...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxii)–6War crime of sexual violence
Elements
1The perpetrator committed an act of a sexual nature against...
2The conduct was of a gravity comparable to that of...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxiii)War crime of using protected persons as shields
Elements
1The perpetrator moved or otherwise took advantage of the location...
2The perpetrator intended to shield a military objective from attack...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxiv)War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions
Elements
1The perpetrator attacked one or more persons, buildings, medical units...
2The perpetrator intended such persons, buildings, units or transports or...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxv)War crime of starvation as a method of warfare
Elements
1The perpetrator deprived civilians of objects indispensable to their survival....
2The perpetrator intended to starve civilians as a method of...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(xxvi)War crime of using, conscripting or enlisting children
Elements
1The perpetrator conscripted or enlisted one or more persons into...
2Such person or persons were under the age of 15...
3The perpetrator knew or should have known that such person...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)Article 8(2)(c)(i)–1War crime of murder
Elements
1The perpetrator killed one or more persons.
2Such person or persons were either hors de combat, or...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(i)–2War crime of mutilation
Elements
1The perpetrator subjected one or more persons to mutilation, in...
2The conduct was neither justified by the medical, dental or...
3Such person or persons were either hors de combat, or...
4The perpetrator was aware of the factual circumstances that established...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(i)–3War crime of cruel treatment
Elements
1The perpetrator inflicted severe physical or mental pain or suffering...
2Such person or persons were either hors de combat, or...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(i)–4War crime of torture
Elements
1The perpetrator inflicted severe physical or mental pain or suffering...
2The perpetrator inflicted the pain or suffering for such purposes...
3Such person or persons were either hors de combat, or...
4The perpetrator was aware of the factual circumstances that established...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(ii)War crime outrages upon personal dignity
Elements
1The perpetrator humiliated, degreaded or otherwise violated the dignity of...
2The severity of the humiliation, degradation or other violation was...
3Such person or persons were either hors de combat, or...
4The perpetrator was aware of the factual circumstances that established...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(iii)War crime of taking hostages
Elements
1The perpetrator seized, detained or otherwise held hostage one or...
2The perpetrator threatened to kill, injure or continue to detain...
3The perpetrator intended to compel a State, an international organization,...
4Such person or persons were either hors de combat, or...
5The perpetrator was aware of the factual circumstances that established...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(iv)War crime of sentencing or execution without due process
Elements
1The perpetrator passed sentence or executed one or more persons....
2Such person or persons were either hors de combat, or...
3The perpetrator was aware of the factual circumstances that established...
4There was no previous judgement pronounced by a court, or...
5The perpetrator was aware of the absence of a previous...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)Article 8(2)(e)(i)War crime of attacking civilians
Elements
1The perpetrator directed an attack.
2The object of the attack was a civilian population as...
3The perpetrator intended the civilian population as such or individual...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(ii)War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions
Elements
1The perpetrator attacked one or more persons, buildings, medical units...
2The perpetrator intended such persons, buildings, units or transports or...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(iii)War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
Elements
1The perpetrator directed an attack.
2The object of the attack was personnel, installations, material, units...
3The perpetrator intended such personnel, installations, material, units or vehicles...
4Such personnel, installations, material, units or vehicles were entitled to...
5The perpetrator was aware of the factual circumstances that established...
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(iv)War crime of attacking protected objects
Elements
1The perpetrator directed an attack.
2The object of the attack was one or more buildings...
3The perpetrator intended such building or buildings dedicated to religion,...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(v)War crime of pillaging
Elements
1The perpetrator appropriated certain property.
2The perpetrator intended to deprive the owner of the property...
3The appropriation was without the consent of the owner.
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vi)–1War crime of rape
Elements
1The perpetrator invaded the body of a person by conduct...
2The invasion was committed by force, or by threat of...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vi)–2War crime of sexual slavery
Elements
1The perpetrator exercised any or all of the powers attaching...
2The perpetrator caused such person or persons to engage in...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vi)–3War crime of enforced prostitution
Elements
1The perpetrator caused one or more persons to engage in...
2The perpetrator or another person obtained or expected to obtain...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vi)–4War crime of forced pregnancy
Elements
1The perpetrator confined one or more women forcibly made pregnant,...
2The conduct took place in the context of and was...
3The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vi)–5War crime of enforced sterilization
Elements
1The perpetrator deprived one or more persons of biological reproductive...
2The conduct was neither justified by the medical or hospital...
3The conduct took place in the context of and was...
4The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vi)–6War crime of sexual violence
Elements
1The perpetrator committed an act of a sexual nature against...
2The conduct was of a gravity comparable to that of...
3The perpetrator was aware of the factual circumstances that established...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(vii)War crime of using, conscripting and enlisting children
Elements
1The perpetrator conscripted or enlised one or more persons into...
2Such person or persons were under the age of 15...
3The perpetrator knew or should have known that such person...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(viii)War crime of displacing civilians
Elements
1The perpetrator ordered a displacement of a civilian population.
2Such order was not justified by the security of the...
3The perpetrator was in a position to effect such displacement...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(ix)War crime of treacherously killing or wounding
Elements
1The perpetrator invited the confidence or belief of one or...
2The perpetrator intended to betray that confidence or belief.
3The perpetrator killed or injured such person or persons.
4The perpetrator made use of that confidence or belief in...
5Such person or persons belonged to an adverse party.
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(x)War crime of denying quarter
Elements
1The perpetrator declared or ordered that there shall be no...
2Such declaration or order was given in order to threaten...
3The perpetrator was in a position of effective command or...
4The conduct took place in the context of and was...
5The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(xi)–1War crime of mutilation
Elements
1The perpetrator subjected one or more persons to mutilation, in...
2The conduct caused death or seriously endangered the physical or...
3The conduct was neither justified by the medical, dental or...
4Such person or persons were in the power of another...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(xi)–2War crime of medical or scientific experiments
Elements
1The perpetrator subjected one or more persons to a medical...
2The experiment caused the death or seriously endangered the physical...
3The conduct was neither justified by the medical, dental or...
4Such person or persons were in the power of another...
5The conduct took place in the context of and was...
6The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(xii)War crime of destroying or seizing the enemy’s property
Elements
1The perpetrator destroyed or seized certain property.
2Such property was property of an adversary.
3Such property was protected from that destruction or seizure under...
4The perpetrator was aware of the factual circumstances that established...
5The destruction or seizure was not required by military necessity....
6The conduct took place in the context of and was...
7The perpetrator was aware of factual circumstances that established the...

2001 No. 2505

INTERNATIONAL CRIMINAL COURT

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

Made

Laid

Coming into force

In exercise of the powers conferred on him by section 50(3) of the International Criminal Court Act 20011, the Secretary of State hereby makes the following Regulations: