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

Article 8(2)(b)(xxi) War crime of outrages upon personal dignity

Elements

1.  The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons(1).

2.  The severity of the humiliation, degradation or other violation was of such degree as to be generally recognised as an outrage upon personal dignity.

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

4.  The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

(1)

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.