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

Article 8(2)(e)(vi)–2 War crime of sexual slavery(1)

Elements

1.  The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty(2).

2.  The perpetrator caused such person or persons to engage in one or more acts of a sexual nature.

3.  The conduct took place in the context of and was associated with an armed conflict not of an international character.

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

(1)

Given the complex nature of this crime, it is recognized that its commission could involve more than one perpetrator as a part of a common criminal purpose.

(2)

It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to servile status as defined in the Supplementary Conventions on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children.