Explanatory note: The structure of the elements of the crimes...
1.Pursuant to article 9, the following Elements of Crimes shall...
2.As stated in article 30, unless otherwise provided, a person...
3.Existence of intent and knowledge can be inferred from relevant...
4.With respect to mental elements associated with elements involving value...
5.Grounds for excluding criminal responsibility or the absence thereof are...
6.The requirement of “unlawfulness” found in the Statute or in...
7.The elements of crimes are generally structured in accordance with...
8.As used in the Elements of Crimes, the term “perpetrator”...
With respect to the last element listed for each crime:...
Article 6(b) Genocide by causing serious bodily or mental harm
Article 6(d) Genocide by imposing measures intended to prevent births
Article 7(1)(d) Crime against humanity of deportation or forcible transfer of population
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)(i) Crime against humanity of enforced disappearance of persons
1.The perpetrator: (a) Arrested, detained or abducted one or more...
2.(a) Such arrest, detention or abduction was followed or accompanied...
3.The perpetrator was aware that: (a) Such arrest, detention or...
4.Such arrest, detention or abduction was carried out by, or...
5.Such refusal to acknowledge that deprivation of freedom or to...
6.The perpetrator intended to remove such person or persons from...
Article 7(1)(k) Crime against humanity of other inhumane acts
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
Article 8(2)(a)(ii)–1 War crime of torture
1.The perpetrator inflicted severe physical or mental pain or suffering...
2.The perpetrator inflicted the pain or suffering for such purposes...
3.Such person or persons were protected under one or more...
4.The perpetrator was aware of the factual circumstances that established...
6.The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(ii)–3 War crime of biological experiments
1.The perpetrator subjected one or more persons to a particular...
2.The experiment seriously endangered the physical or mental health or...
3.The intent of the experiment was non-therapeutic and it was...
4.Such person or persons were protected under one or more...
5.The perpetrator was aware of the factual circumstances that established...
7.The perpetrator was aware of factual circumstances that established the...
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
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....
5.The perpetrator was aware of the factual circumstances that established...
7.The perpetrator was aware of factual circumstances that established the...
Article 8(2)(a)(v) War crime of compelling service in hostile forces
Article 8(2)(a)(vii)–1 War crime of unlawful deportation and transfer
Article 8(2)(a)(viii) War crime of taking hostages
1.The perpetrator seized, detained or otherwise held hostage one or...
2.The perpetrator threatened to kill, injure or continue to detain...
3.The perpetrator intended to compel a State, an international organization,...
4.Such person or persons were protected under one or more...
5.The perpetrator was aware of the factual circumstances that established...
7.The perpetrator was aware of factual circumstances that established the...
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
2.The object of the attack was personnel, installations, material, units...
3.The perpetrator intended such personnel, installations, material, units or vehicles...
4.Such personnel, installations, material, units or vehicles were entitled to...
5.The perpetrator was aware of the factual circumstances that established...
7.The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(iv) War crime of excessive incidental death, injury or damage
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
1.The perpetrator used a flag, insignia or uniform of the...
2.The perpetrator made such use in a manner prohibited under...
3.The perpetrator knew or should have known of the prohibited...
5.The perpetrator knew that the conduct could result in death...
7.The perpetrator was aware of factual circumstances that established the...
1.The perpetrator used a flag, insignia or uniform of the...
2.The perpetrator made such use in a manner prohibited under...
3.The perpetrator knew of the prohibited nature of such use....
5.The perpetrator knew that the conduct could result in death...
7.The perpetrator was aware of factual circumstances that established the...
1.The perpetrator used the distinctive emblems of the Geneva Conventions....
2.The perpetrator made such use for combatant purposes in a...
3.The perpetrator knew or should have known of the prohibited...
5.The perpetrator knew that the conduct could result in death...
7.The perpetrator was aware of factual circumstances that established the...
Article 8(2)(b)(ix) War crime of attacking protected objects
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)(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
1.The perpetrator effected the abolition, suspension or termination of admissibility...
2.The abolition, suspension or termination was directed at the nationals...
3.The perpetrator intended the abolition, suspension or termination to be...
5.The perpetrator was aware of factual circumstance that established the...
Article 8(2)(b)(xv) War crime of compelling participation in military operations
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
[Elements will have to be drafted once weapons, projectiles or...
Article 8(2)(b)(xxi) War crime of outrages upon personal dignity
Article 8(2)(b)(xxiii) War crime of using protected persons as shields
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)(ii) War crime outrages upon personal dignity
1.The perpetrator humiliated, degreaded or otherwise violated the dignity of...
2.The severity of the humiliation, degradation or other violation was...
4.The perpetrator was aware of the factual circumstances that established...
6.The perpetrator was aware of factual circumstances that established the...
Article 8(2)(c)(iii) War crime of taking hostages
1.The perpetrator seized, detained or otherwise held hostage one or...
2.The perpetrator threatened to kill, injure or continue to detain...
3.The perpetrator intended to compel a State, an international organization,...
5.The perpetrator was aware of the factual circumstances that established...
7.The perpetrator was aware of factual circumstances that established the...
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
2.The object of the attack was personnel, installations, material, units...
3.The perpetrator intended such personnel, installations, material, units or vehicles...
4.Such personnel, installations, material, units or vehicles were entitled to...
5.The perpetrator was aware of the factual circumstances that established...
7.The perpetrator was aware of factual circumstances that established the...
Article 8(2)(e)(iv) War crime of attacking protected objects
Article 8(2)(e)(vii) War crime of using, conscripting and enlisting children
Article 8(2)(e)(ix) War crime of treacherously killing or wounding
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