# The International Criminal Court Act 2001 (Elements of Crimes) (No. 2) Regulations 2004 S.I. 2004/3239 · made 17 November 2004 These Regulations, made under section 50(3) of the International Criminal Court Act 2001, set out the Elements of Crimes adopted by the Assembly of States Parties on 9th September 2002 in accordance with Article 9(1) of the Rome Statute of the International Criminal Court. In accordance with section 50(2) of the Act these shall be taken into account by a court considering offences under domestic law in Part 5 of the Act. These Regulations revoke and replace The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004 which were defective. Made under: International Criminal Court Act 2001 (Section 50) PDFs: Printed copy https://openlegislation.uk/international-criminal-court-act-2001-elements-of-crimes-no-2-regulations-2004/pdf/uksi_20043239_en.pdf; Explanatory Memorandum https://openlegislation.uk/international-criminal-court-act-2001-elements-of-crimes-no-2-regulations-2004/pdf/uksiem_20043239_en.pdf ## Introductory text This Statutory Instrument has been made to correct defects in S.I. 2004/1080 and is being issued free of charge to all known recipients of that Statutory Instrument. INTERNATIONAL CRIMINAL COURT Made 17th November 2004 Laid before Parliament 9th December 2004 Coming into force 30th December 2004 In exercise of the powers conferred on him by section 50(3) of the International Criminal Court Act 2001, the Secretary of State hereby makes the following Regulations: ## 1 Citation, commencement and extent (1) These Regulations may be cited as the International Criminal Court Act 2001 (Elements of Crimes) (No. 2) Regulations 2004 and shall come into force on 30th December 2004. (2) In so far as these Regulations may relate to proceedings in a service court these Regulations extend to any place at which those proceedings are held. ## 2 The Elements of Crimes The text of the Elements of Crimes adopted by the Assembly of States Parties on 9th September 2002 in accordance with Article 9(1) of the Rome Statute of the International Criminal Court and referred to in section 50(2) (a) of the International Criminal Court Act 2001 is set out in the Schedule to these Regulations. ## 3 The Elements of Crimes The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004 are hereby revoked. ## Signature Jack Straw One of Her Majesty’s Principal Secretaries of State Foreign and Commonwealth Office 17th November 2004 ## ELEMENTS OF CRIMES Contents Page *Explanatory note: The structure of the elements of the crimes of genocide, crimes against humanity and war crimes follows the structure of the corresponding provisions of articles 6, 7 and 8 of the Rome Statute. Some paragraphs of those articles of the Rome Statute list multiple crimes. In those instances, the elements of crimes appear in separate paragraphs which correspond to each of those crimes to facilitate the identification of the respective elements. General introduction 4 Article 6: Genocide Introduction 4 6(a) Genocide by killing 4 6(b) Genocide by causing serious bodily or mental harm 5 6(c) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction 5 6(d) Genocide by imposing measures intended to prevent births 5 6(e) Genocide by forcibly transferring children 6 Article 7: Crimes against humanity Introduction 6 7(1)(a) Crimes against humanity of murder 6 7(1)(b) Crime against humanity of extermination 7 7(1)(c) Crime against humanity of enslavement 7 7(1)(d) Crime against humanity of deportation or forcible transfer of population 7 7(1)(e) Crime against humanity of imprisonment or other severe deprivation of physical liberty 8 7(1)(f) Crime against humanity of torture 8 7(1)(g)-1 Crime against humanity of rape 8 7(1)(g)-2 Crime against humanity of sexual slavery 8 7(1)(g)-3 Crime against humanity of enforced prostitution 9 7(1)(g)-4 Crime against humanity of forced pregnancy 9 7(1)(g)-5 Crime against humanity of enforced sterilization 9 7(1)(g)-6 Crime against humanity of sexual violence 10 7(1)(h) Crime against humanity of persecution 10 7(1)(i) Crime against humanity of enforced disappearance of persons 10 7(1)(j) Crime against humanity of apartheid 11 7(1)(k) Crime against humanity of other inhumane acts 11 Article 8: War Crimes Introduction 12 Article 8(2)(a) 8(2)(a)(i) War Crime of wilful killing 12 8(2)(a)(ii)-1 War crime of torture 13 8(2)(a)(ii)-2 War crime of inhuman treatment 13 8(2)(a)(ii)-3 War crime of biological experiments 13 8(2)(a)(iii) War crime of wilfully causing great suffering 14 8(2)(a)(iv) War crime of destruction and appropriation of property 14 8(2)(a)(v) War crime of compelling service in hostile forces 14 8(2)(a)(vi) War crime of denying a fair trial 14 8(2)(a)(vii)-1 War crime of unlawful deportation and transfer 15 8(2)(a)(vii)-2 War crime of unlawful confinement 15 8(2)(a)(viii) War crime of taking hostages 15 Article 8(2)(b) 8(2)(b)(i) War crime of attacking civilians 16 8(2)(b)(ii) War crime of attacking civilian objects 16 8(2)(b)(iii) War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission 16 8(2)(b)(iv) War crime of excessive incidental death, injury, or damage 16 8(2)(b)(v) War crime of attacking undefended places 17 8(2)(b)(vi) War crime of killing or wounding a person hors de combat 17 8(2)(b)(vii)-1 War crime of improper use of a flag of truce 18 8(2)(b)(vii)-2 War crime of improper use of a flag, insignia or uniform of the hostile party 18 8(2)(b)(vii)-3 War crime of improper use of a flag, insignia or uniform of the United Nations 18 8(2)(b)(vii)-4 War crime of improper use of the distinctive emblems of the Geneva Conventions 19 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 19 8(2)(b)(ix) War crime of attacking protected objects 19 8(2)(b)(x)-1 War crime of mutilation 20 8(2)(b)(x)-2 War crime of medical or scientific experiments 20 8(2)(b)(xi) War crime of treacherously killing or wounding 20 8(2)(b)(xii) War crime of denying quarter 21 8(2)(b)(xiii) War crime of destroying or seizing the enemy’s property 21 8(2)(b)(xiv) War crime of depriving the nationals of the hostile power of rights or actions 21 8(2)(b)(xv) War crime of compelling participation in military operations 21 8(2)(b)(xvi) War crime of pillaging 22 8(2)(b)(xvii) War crime of employing poison or poisoned weapons 22 8(2)(b)(xviii) War crime of employing prohibited gases, liquids, materials or devices 22 8(2)(b)(xix) War crime of employing prohibited bullets 22 8(2)(b)(xx) War crime of employing weapons, projectiles or materials or methods of warfare listed in the Annex of the Statute 23 8(2)(b)(xxi) War crime of outrages upon personal dignity 23 8(2)(b)(xxii)-1 War crime of rape 23 8(2)(b)(xxii)-2 War crime of sexual slavery 23 8(2)(b)(xxii)-3 War crime of enforced prostitution 24 8(2)(b)(xxii)-4 War crime of forced pregnancy 24 8(2)(b)(xxii)-5 War crime of enforced sterilization 24 8(2)(b)(xxii)-6 War crime of sexual violence 24 8(2)(b)(xxiii) War crime of using protected persons as shields 25 8(2)(b)(xxiv) War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions 25 8(2)(b)(xxv) War crime of starvation as a method of warfare 25 8(2)(b)(xxvi) War crime of using, conscripting or enlisting children 25 Article 8(2)(c) 8(2)(c)(i)-1 War crime of murder 25 8(2)(c)(i)-2 War crime of mutilation 26 8(2)(c)(i)-3 War crime of cruel treatment 26 8(2)(c)(i)-4 War crime of torture 27 8(2)(c)(ii) War crime of outrages upon personal dignity 27 8(2)(c)(iii) War crime of taking hostages 27 8(2)(c)(iv) War crime of sentencing or execution without due process 28 Article 8(2)(e) 8(2)(e)(i) War crime of attacking civilians 28 8(2)(e)(ii) War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions 28 8(2)(e)(iii) War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission 29 8(2)(e)(iv) War crime of attacking protected objects 29 8(2)(e)(v) War crime of pillaging 29 8(2)(e)(vi)-1 War crime of rape 30 8(2)(e)(vi)-2 War crime of sexual slavery 30 8(2)(e)(vi)-3 War crime of enforced prostitution 30 8(2)(e)(vi)-4 War crime of forced pregnancy 31 8(2)(e)(vi)-5 War crime of enforced sterilization 31 8(2)(e)(vi)-6 War crime of sexual violence 31 8(2)(e)(vii) War crime of using, conscripting and enlisting children 31 8(2)(e)(viii) War crime of displacing civilians 32 8(2)(e)(ix) War crime of treacherously killing or wounding 32 8(2)(e)(x) War crime of denying quarter 32 8(2)(e)(xi)-1 War crime of mutilation 33 8(2)(e)(xi)-2 War crime of medical or scientific experiments 33 8(2)(e)(xii) War crime of destroying or seizing the enemy’s property 33 ## 1 General Introduction Pursuant to article 9, the following Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8, consistent with the Statute. The provisions of the Statute, including article 21 and the general principles set out in Part 3, are applicable to the Elements of Crimes. ## 2 General Introduction As stated in article 30, unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge. Where no reference is made in the Elements of Crimes to a mental element for any particular conduct, consequence or circumstance listed, it is understood that the relevant mental element, i.e., intent, knowledge or both, set out in article 30 applies. Exceptions to the article 30 standard, based on the Statute, including applicable law under its relevant provisions, are indicated below. ## 3 General Introduction Existence of intent and knowledge can be inferred from relevant facts and circumstances. ## 4 General Introduction With respect to mental elements associated with elements involving value judgement, such as those using the terms “inhumane” or “severe”, it is not necessary that the perpetrator personally completed a particular value judgement, unless otherwise indicated. ## 5 General Introduction Grounds for excluding criminal responsibility or the absence thereof are generally not specified in the elements of crimes listed under each crime. ## 6 General Introduction The requirement of “unlawfulness” found in the Statute or in other parts of international law, in particular international humanitarian law, is generally not specified in the elements of crimes. ## 7 General Introduction The elements of crimes are generally structured in accordance with the following principles: As the elements of crimes focus on the conduct, consequences and circumstances associated with each crime, they are generally listed in that order; When required, a particular mental element is listed after the affected conduct, consequence or circumstance; Contextual circumstances are listed last. ## 8 General Introduction As used in the Elements of Crimes, the term “perpetrator” is neutral as to guilt or innocence. The elements, including the appropriate mental elements, apply, mutatis mutandis, to all those whose criminal responsibility may fall under articles 25 and 28 of the Statute. ## 9 General Introduction A particular conduct may constitute one or more crimes. ## 10 General Introduction The use of short titles for the crimes has no legal effect. ## 1 Elements The perpetrator killed one or more persons. ## 2 Elements Such person or persons belonged to a particular national, ethnical, racial or religious group. ## 3 Elements The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. ## 4 Elements The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction. ## 1 Elements The perpetrator caused serious bodily or mental harm to one or more persons. ## 2 Elements Such person or persons belonged to a particular national, ethnical, racial or religious group. ## 3 Elements The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. ## 4 Elements The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction. ## 1 Elements The perpetrator inflicted certain conditions of life upon one or more persons. ## 2 Elements Such person or persons belonged to a particular national, ethnical, racial or religious group. ## 3 Elements The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. ## 4 Elements The conditions of life were calculated to bring about the physical destruction of that group, in whole or in part. ## 5 Elements The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction. ## 1 Elements The perpetrator imposed certain measures upon one or more persons. ## 2 Elements Such person or persons belonged to a particular national, ethnical, racial or religious group. ## 3 Elements The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. ## 4 Elements The measures imposed were intended to prevent births within that group. ## 5 Elements The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction. ## 1 Elements The perpetrator forcibly transferred one or more persons. ## 2 Elements Such person or persons belonged to a particular national, ethnical, racial or religious group. ## 3 Elements The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. ## 4 Elements The transfer was from that group to another group. ## 5 Elements The person or persons were under the age of 18 years. ## 6 Elements The perpetrator knew, or should have known, that the person or persons were under the age of 18 years. ## 7 Elements The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction. ## 1 Introduction Since article 7 pertains to international criminal law, its provisions, consistent with article 22, must be strictly construed, taking into account that crimes against humanity as defined in article 7 are among the most serious crimes of concern to the international community as a whole, warrant and entail individual criminal responsibility, and require conduct which is impermissible under generally applicable international law, as recognised by the principal legal systems of the world. ## 2 Introduction The last two elements for each crime against humanity describe the context in which the conduct must take place. These elements clarify the requisite participation in and knowledge of a widespread or systematic attack against a civilian population. However, the last element should not be interpreted as requiring proof that the perpetrator has knowledge of all characteristics of the attack or the precise details of the plan or policy of the State or organisation. In the case of an emerging widespread or systematic attack against a civilian population, the intent clause of the last element indicates that this mental element is satisfied if the perpetrator intended to further such an attack. ## 3 Introduction “Attack directed against a civilian population” in these context elements is understood to mean a course of conduct involving the multiple commission of acts referred to in article 7, paragraph 1, of the Statute against any civilian population, pursuant to or in furtherance of a State or organisational policy to commit such attack. The acts need not constitute a military attack. It is understood that “policy to commit such attack” requires that the State or organisation actively promote or encourage such an attack against a civilian population. ## 1 Elements The perpetrator killed one or more persons. ## 2 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 3 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack against a civilian population. ## 1 Elements The perpetrator killed one ore more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population. ## 2 Elements The conduct constituted, or took place as part of, a mass killing of members of a civilian population. ## 3 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 4 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements 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 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 3 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator deported or forcibly transferred, without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts. ## 2 Elements Such person or persons were lawfully present in the area from which they were so deported or transferred. ## 3 Elements The perpetrator was aware of the factual circumstances that established the lawfulness of such presence. ## 4 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 5 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator imprisoned one or more persons or otherwise severely deprived one or more persons of physical liberty. ## 2 Elements he gravity of the conduct was such that it was in violation of fundamental rules of international law. ## 3 Elements The perpetrator was aware of the factual circumstances that established the gravity of the conduct. ## 4 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 5 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. ## 2 Elements Such person or persons were in the custody or under the control of the perpetrator. ## 3 Elements Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions. ## 4 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 5 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body. ## 2 Elements The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detection, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent. ## 3 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 4 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements 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 Elements The perpetrator caused such person or persons to engage in one or more acts of a sexual nature. ## 3 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 4 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent. ## 2 Elements The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature. ## 3 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 4 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. ## 2 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 3 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed a civilian population. ## 1 Elements The perpetrator deprived one or more persons of biological reproductive capacity. ## 2 Elements The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent. ## 3 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 4 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse or power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent. ## 2 Elements Such conduct was of a gravity comparable to the other offences in article 7, paragraph 1(g), of the Statute. ## 3 Elements The perpetrator was aware of the factual circumstances that established the gravity of the conduct. ## 4 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 5 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator severely deprived, contrary to international law, one or more persons of fundamental rights. ## 2 Elements The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such. ## 3 Elements Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds that are universally recognised as impermissible under international law. ## 4 Elements The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court. ## 5 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 6 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator: (a) Arrested, detained or abducted one or more persons; or (b) Refused to acknowledge the arrest, detention or abduction, or to give information on the fate or whereabouts of such person or persons. ## 2 Elements (a) Such arrest, detention or abduction was followed or accompanied by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons; or (b) Such refusal was preceded or accompanied by that deprivation of freedom. ## 3 Elements The perpetrator was aware that; (a) Such arrest, detention or abduction would be followed in the ordinary course of events by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons; or (b) Such refusal was preceded or accompanied by that deprivation of freedom. ## 4 Elements Such arrest, detention or abduction was carried out by, or with the authorisation, support or acquiescence of, a State or a political organisation. ## 5 Elements Such refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons was carried out by, or with the authorisation or support of, such State or political organisation. ## 6 Elements The perpetrator intended to remove such person or persons from the protection of the law for a prolonged period of time. ## 7 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 8 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator committed an inhumane act against one or more persons. ## 2 Elements Such act was an act referred to in article 7, paragraph 1, of the Statute, or was an act of a character similar to any of those acts. ## 3 Elements The perpetrator was aware of the factual circumstances that established the character of the act. ## 4 Elements The conduct was committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups. ## 5 Elements The perpetrator intended to maintain such regime by that conduct. ## 6 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 7 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator inflicted great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act. ## 2 Elements Such act was of a character similar to any other act referred to in article 7, paragraph 1, of the Statute. ## 3 Elements The perpetrator was aware of the factual circumstances that established the character of the act. ## 4 Elements The conduct was committed as part of a widespread or systematic attack directed against a civilian population. ## 5 Elements The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. ## 1 Elements The perpetrator killed one or more persons. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. ## 2 Elements The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind. ## 3 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 4 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 5 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict ## 1 Elements The perpetrator subjected one or more persons to a particular biological experiment. ## 2 Elements The experiment seriously endangered the physical or mental health or integrity of such person or persons. ## 3 Elements The intent of the experiment was non-therapeutic and it was neither justified by medical reasons nor carried out in such person’s or persons' interest. ## 4 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 5 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator destroyed or appropriated certain property. ## 2 Elements The destruction or appropriation was not justified by military necessity. ## 3 Elements The destruction or appropriation was extensive and carried out wantonly. ## 4 Elements Such property was protected under one or more of the Geneva Conventions of 1949. ## 5 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator coerced one or more persons, by act or threat, to take part in military operations against that person’s own country or forces or otherwise serve in the forces of a hostile power. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator deprived one or more persons of a fair and regular trial by denying judicial guarantees as defined, in particular, in the third and the fourth Geneva Conventions of 1949. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator deported or transferred one or more persons to another State or to another location. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took placed in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator confined or continued to confine one or more persons to a certain location. ## 2 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 3 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator seized, detained or otherwise held hostage one or more persons. ## 2 Elements The perpetrator threatened to kill, injure or continue to detain such person or persons. ## 3 Elements The perpetrator intended to compel a State, an international organisation, a natural or legal person or a group of persons to act or refrain from acting as an explicit or implicit condition for the safety or the release of such person or persons. ## 4 Elements Such person or persons were protected under one or more of the Geneva Conventions of 1949. ## 5 Elements The perpetrator was aware of the factual circumstances that established that protected status. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities. ## 3 Elements The perpetrator intended the civilian population as such or individual civilians not taking direct part in hostilities to be the object of the attack. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was civilian objects, that is, objects which are not military objectives. ## 3 Elements The perpetrator intended such civilian objects to be the object of the attack. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations. ## 3 Elements The perpetrator intended such personnel, installations, material, units or vehicles so involved to be the object of the attack. ## 4 Elements Such personnel, installations, material, units or vehicles were entitled to that protection given to civilians or civilian objects under the international law of armed conflict. ## 5 Elements The perpetrator was aware of the factual circumstances that established that protection. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator launched an attack. ## 2 Elements The attack was such that it would cause incidental death or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment and that such death, injury or damage would be of such an extent as to be clearly excessive in relation to the concrete and direct overall military advantage anticipated. ## 3 Elements The perpetrator knew that the attack would cause incidental death or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment and that such death, injury or damage would be of such an extent as to be clearly excessive in relation to the concrete and direct overall military advantage anticipated. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator attacked one or more towns, villages, dwellings or buildings. ## 2 Elements Such towns, villages, dwellings or buildings were open for unresisted occupation. ## 3 Elements Such towns, villages, dwellings or buildings did not constitute military objectives. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator killed or injured one or more persons. ## 2 Elements Such person or persons were hors de combat. ## 3 Elements The perpetrator was aware of the factual circumstances that established this status. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator used a flag of truce. ## 2 Elements The perpetrator made such use in order to feign an intention to negotiate when there was no such intention on the part of the perpetrator. ## 3 Elements The perpetrator knew or should have known of the prohibited nature of such use. ## 4 Elements The conduct resulted in death or serious personal injury. ## 5 Elements The perpetrator knew that the conduct could result in death or serious personal injury. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator used a flag, insignia or uniform of the hostile party. ## 2 Elements The perpetrator made such use in a manner prohibited under the international law of armed conflict while engaged in an attack. ## 3 Elements The perpetrator knew or should have known of the prohibited nature of such use. ## 4 Elements The conduct resulted in death or serious personal injury. ## 5 Elements The perpetrator knew that the conduct could result in death or serious personal injury. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator used a flag, insignia or uniform of the United Nations. ## 2 Elements The perpetrator made such use in a manner prohibited under the international law of armed conflict. ## 3 Elements The perpetrator knew of the prohibited nature of such use. ## 4 Elements The conduct resulted in death or serious personal injury. ## 5 Elements The perpetrator knew that the conduct could result in death or serious personal injury. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator used the distinctive emblems of the Geneva Conventions. ## 2 Elements The perpetrator made such use for combatant purposes in a manner prohibited under the international law of armed conflict. ## 3 Elements The perpetrator knew or should have known of the prohibited nature of such use. ## 4 Elements The conduct resulted in death or serious personal injury. ## 5 Elements The perpetrator knew that the conduct could result in death or serious personal injury. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator: (a) Transferred, directly or indirectly, parts of its own population into the territory it occupies; or (b) Deported or transferred all or parts of the population of the occupied territory within or outside this territory. ## 2 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 3 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was one or more buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which were not military objectives. ## 3 Elements The perpetrator intended such building or buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which were not military objectives, to be the object of the attack. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage. ## 2 Elements The conduct caused death or seriously endangered the physical or mental health of such person or persons. ## 3 Elements The conduct was neither justified by the medical, dental or hospital treatment of the person or persons concerned nor carried out in such person’s or persons' interest. ## 4 Elements Such person or persons were in the power of an adverse party. ## 5 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator subjected one or more persons to a medical or scientific experiment. ## 2 Elements The experiment caused death or seriously endangered the physical or mental health or integrity of such person or persons. ## 3 Elements The conduct was neither justified by the medical, dental or hospital treatment of such person or persons concerned nor carried out in such person’s or persons' interest. ## 4 Elements Such person or persons were in the power of an adverse party. ## 5 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator invited the confidence or belief of one or more persons that they were entitled to, or were obliged to accord, protection under rules of international law applicable in armed conflict. ## 2 Elements The perpetrator intended to betray that confidence or belief. ## 3 Elements The perpetrator killed or injured such person or persons. ## 4 Elements The perpetrator made use of that confidence or belief in killing or injuring such person or persons. ## 5 Elements Such person or persons belonged to an adverse party. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator declared or ordered that there shall be no survivors. ## 2 Elements Such declaration or order was given in order to threaten an adversary or to conduct hostilities on the basis that there shall be no survivors. ## 3 Elements The perpetrator was in a position of effective command or control over the subordinate forces to which the declaration or order was directed. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator destroyed or seized certain property. ## 2 Elements Such property was property of a hostile party. ## 3 Elements Such property was protected from that destruction or seizure under the international law of armed conflict. ## 4 Elements The perpetrator was aware of the factual circumstances that established the status of the property. ## 5 Elements The destruction or seizure was not justified by military necessity. ## 6 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator effected the abolition, suspension or termination of admissibility in a court of law of certain rights or actions. ## 2 Elements The abolition, suspension or termination was directed at the nationals of a hostile party. ## 3 Elements The perpetrator intended the abolition, suspension or termination to be directed at the nationals of a hostile party. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator coerced one or more persons by act or threat to take part in military operations against that person’s own country or forces. ## 2 Elements Such person or persons were nationals of a hostile party. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator appropriated certain property. ## 2 Elements The perpetrator intended to deprive the owner of the property and to appropriate it for private or personal use. ## 3 Elements The appropriation was without the consent of the owner. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator employed a substance or a weapon that releases a substance as a result of its employment. ## 2 Elements The substance was such that it causes death or serious damage to health in the ordinary course of events, through its toxic properties. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator employed a gas or other analogous substance or device. ## 2 Elements The gas, substance or device was such that it causes death or serious damage to health in the ordinary course of events, through its asphyxiating or toxic properties. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator employed certain bullets. ## 2 Elements The bullets were such that their use violates the international law of armed conflict because they expand or flatten easily in the human body. ## 3 Elements The perpetrator was aware that the nature of the bullets was such that their employment would uselessly aggravate suffering or the wounding effect. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of actual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons. ## 2 Elements 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 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body. ## 2 Elements The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements 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 Elements The perpetrator caused such person or persons to engage in one or more acts of a sexual nature. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent. ## 2 Elements The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator confined one ore more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. ## 2 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 3 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator deprived one or more persons of biological reproductive capacity. ## 2 Elements The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent. ## 2 Elements The conduct was of a gravity comparable to that of a grave breach of the Geneva Conventions. ## 3 Elements The perpetrator was aware of the factual circumstances that established the gravity of the conduct. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator moved or otherwise took advantage of the location of one or more civilians or other persons protected under the international law of armed conflict. ## 2 Elements The perpetrator intended to shield a military objective from attack or shield, favour or impede military operations. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements 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 identification indicating protection under the Geneva Conventions. ## 2 Elements The perpetrator intended such persons, buildings, units or transports or other objects so using such identification to be the object of the attack. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator deprived civilians of objects indispensable to their survival. ## 2 Elements The perpetrator intended to starve civilians as a method of warfare. ## 3 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements 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 Elements Such person or persons were under the age of 15 years. ## 3 Elements The perpetrator knew or should have known that such person or persons were under the age of 15 years. ## 4 Elements The conduct took place in the context of and was associated with an international armed conflict. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator killed one or more persons. ## 2 Elements Such person or persons were either hors de combat, or were civilians, medical personnel, or religious personnel taking no active part in the hostilities. ## 3 Elements The perpetrator was aware of the factual circumstances that established this status. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage. ## 2 Elements The conduct was neither justified by the medical, dental or hospital treatment of the person or persons concerned nor carried out in such person’s or persons' interests. ## 3 Elements Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. ## 4 Elements The perpetrator was aware of the factual circumstances that established this status. ## 5 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. ## 2 Elements Such person or persons were either hors de combat, or were civilians, medical personnel, or religious personnel taking no active part in the hostilities. ## 3 Elements The perpetrator was aware of the factual circumstances that established this status. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. ## 2 Elements The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind. ## 3 Elements Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. ## 4 Elements The perpetrator was aware of the factual circumstances that established this status. ## 5 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons. ## 2 Elements 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 Elements Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. ## 4 Elements The perpetrator was aware of the factual circumstances that established this status. ## 5 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator seized, detained or otherwise held hostage one or more persons. ## 2 Elements The perpetrator threatened to kill, injure or continue to detain such person or persons. ## 3 Elements The perpetrator intended to compel a State, an international organisation, a natural or legal person or a group of persons to act or refrain from acting as an explicit or implicit condition for the safety or the release of such person or persons. ## 4 Elements Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. ## 5 Elements The perpetrator was aware of the factual circumstances that established this status. ## 6 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator passed sentence or executed one or more persons. ## 2 Elements Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities. ## 3 Elements The perpetrator was aware of the factual circumstances that established this status. ## 4 Elements There was no previous judgement pronounced by a court, or the court that rendered judgement was not “regularly constituted”, that is, it did not afford the essential guarantees or independence and impartiality, or the court that rendered judgement did not afford all other judicial guarantees generally recognised as indispensable under international law. ## 5 Elements The perpetrator was aware of the absence of a previous judgement or of the denial of relevant guarantees and the fact that they are essential or indispensable to a fair trial. ## 6 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities. ## 3 Elements The perpetrator intended the civilian population as such or individual civilians not taking direct part in hostilities to be the object of the attack. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements 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 identification indicating protection under the Geneva Conventions. ## 2 Elements The perpetrator intended such persons, buildings, units or transports or other object so using such identification to be the object of the attack. ## 3 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations. ## 3 Elements The perpetrator intended such personnel, installations, material, units or vehicles so involved to be the object of the attack. ## 4 Elements Such personnel, installations, material, units or vehicles were entitled to that protection given to civilians or civilian objects under the international law of armed conflict. ## 5 Elements The perpetrator was aware of the factual circumstances that established that protection. ## 6 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator directed an attack. ## 2 Elements The object of the attack was one or more buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which were not military objectives. ## 3 Elements The perpetrator intended such building or buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected, which were not military objectives, to be the object of the attack. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator appropriated certain property. ## 2 Elements The perpetrator intended to deprive the owner of the property and to appropriate it for private or personal use. ## 3 Elements The appropriation was without the consent of the owner. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body. ## 2 Elements The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent. ## 3 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements 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 Elements The perpetrator caused such person or persons to engage in one or more acts of a sexual nature. ## 3 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent. ## 2 Elements The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature. ## 3 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. ## 2 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 3 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator deprived one or more persons of biological reproductive capacity. ## 2 Elements The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent. ## 3 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 4 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent. ## 2 Elements The conduct was of a gravity comparable to that of a serious violation of article 3 common to the four Geneva Conventions. ## 3 Elements The perpetrator was aware of the factual circumstances that established the gravity of the conduct. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator conscripted or enlisted one or more persons into an armed force or group or used one or more persons to participate actively in hostilities. ## 2 Elements Such person or persons were under the age of 15 years. ## 3 Elements The perpetrator knew or should have known that such person or persons were under the age of 15 years. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator ordered a displacement of a civilian population. ## 2 Elements Such order was not justified by the security of the civilians involved or by military necessity. ## 3 Elements The perpetrator was in a position to effect such displacement by giving such order. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator invited the confidence or belief of one or more combatant adversaries that they were entitled to, or were obliged to accord, protection under rules of international law applicable in armed conflict. ## 2 Elements The perpetrator intended to betray that confidence or belief. ## 3 Elements The perpetrator killed or injured such person or persons. ## 4 Elements The perpetrator made use of that confidence or belief in killing or injuring such person or persons. ## 5 Elements Such person or persons belonged to an adverse party. ## 6 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator declared or ordered that there shall be no survivors. ## 2 Elements Such declaration or order was given in order to threaten an adversary or to conduct hostilities on the basis that there shall be no survivors. ## 3 Elements The perpetrator was in a position of effective command or control over the subordinate forces to which the declaration or order was directed. ## 4 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 5 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage. ## 2 Elements The conduct caused death or seriously endangered the physical or mental health of such person or persons. ## 3 Elements The conduct was neither justified by the medical, dental or hospital treatment of the person or persons concerned nor carried out in such person’s or persons' interest. ## 4 Elements Such person or persons were in the power of another party to the conflict. ## 5 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator subjected one or more persons to a medical or scientific experiment. ## 2 Elements The experiment caused the death or seriously endangered the physical or mental health or integrity of such person or persons. ## 3 Elements The conduct was neither justified by the medical, dental or hospital treatment of such person or persons concerned nor carried out in such person’s or persons' interest. ## 4 Elements Such person or persons were in the power of another party to the conflict. ## 5 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 6 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## 1 Elements The perpetrator destroyed or seized certain property. ## 2 Elements Such property was property of an adversary. ## 3 Elements Such property was protected from that destruction or seizure under the international law of armed conflict. ## 4 Elements The perpetrator was aware of the factual circumstances that established the status of the property. ## 5 Elements The destruction or seizure was not required by military necessity. ## 6 Elements The conduct took place in the context of and was associated with an armed conflict not of an international character. ## 7 Elements The perpetrator was aware of factual circumstances that established the existence of an armed conflict. ## Explanatory note (This note is not part of the Regulations) These Regulations, made under section 50(3) of the International Criminal Court Act 2001, set out the Elements of Crimes adopted by the Assembly of States Parties on 9th September 2002 in accordance with Article 9(1) of the Rome Statute of the International Criminal Court. In accordance with section 50(2) of the Act these shall be taken into account by a court considering offences under domestic law in Part 5 of the Act. These Regulations revoke and replace The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004 which were defective. --- Source: https://www.legislation.gov.uk/uksi/2004/3239 (the official version) Page: https://openlegislation.uk/international-criminal-court-act-2001-elements-of-crimes-no-2-regulations-2004 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.