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

Article 8 (2) (a): Article 8 (2) (a) (i)
War crime of wilful killing

Elements

1. The perpetrator killed one or more persons.[31]

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.[32][33]

4. The conduct took place in the context of and was associated with an international armed conflict. [34]

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

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[31] The term “killed” is interchangeable with the term “caused death”. This footnote applies to all elements which use either of these concepts.

[32] This mental element recognizes the interplay between articles 30 and 32. This footnote also applies to the corresponding element in each crime under article 8 (2) (a) , and to the element in other crimes in article 8 (2) concerning the awareness of factual circumstances that establish the status of persons or property protected under the relevant international law of armed conflict.

[33] With respect to nationality, it is understood that the perpetrator needs only to know that the victim belonged to an adverse party to the conflict. This footnote also applies to the corresponding element in each crime under article 8 (2) (a) .

[34] The term “international armed conflict” includes military occupation. This footnote also applies to the corresponding element in each crime under article 8 (2) (a) .