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Article Comparison - Elements of Crimes of the International Criminal Court [*]

Article 8
War crimes

Introduction

The elements for war crimes under article 8, paragraph 2 (c) and (e), are subject to the limitations addressed in article 8, paragraph 2 (d) and (f), which are not elements of crimes.

The elements for war crimes under article 8, paragraph 2, of the Statute shall be interpreted within the established framework of the international law of armed conflict including, as appropriate, the international law of armed conflict applicable to armed conflict at sea.

With respect to the last two elements listed for each crime:

There is no requirement for a legal evaluation by the perpetrator as to the existence of an armed conflict or its character as international or non- international;

In that context there is no requirement for awareness by the perpetrator of the facts that established the character of the conflict as international or non- international;

There is only a requirement for the awareness of the factual circumstances that established the existence of an armed conflict that is implicit in the terms “took place in the context of and was associated with”.