# The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004

S.I. 2004/1080 · made 9 March 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.

Made under: International Criminal Court Act 2001 (Section 50)

PDFs: Printed copy https://openlegislation.uk/international-criminal-court-act-2001-elements-of-crimes-regulations-2004/pdf/uksi_20041080_en.pdf

## Introductory text

CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
Made 9th March 2004
Laid before Parliament 21st April 2004
Coming into force 4th May 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) Regulations 2004 and shall come into force on .
(2) These Regulations extend to England and Wales and Northern Ireland.
(3) 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 2001 are hereby revoked.

## Signature

Jack Straw
One of Her Majesty’s Principal Secretaries of State, Foreign and Commonwealth Office
9th March 2004

## 

ELEMENTS OF CRIMES
Contents
Page
General introduction
4
* 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.
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.

## 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.

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Source: https://www.legislation.gov.uk/uksi/2004/1080 (the official version)
Page: https://openlegislation.uk/international-criminal-court-act-2001-elements-of-crimes-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.