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

Article 8 (2) (b) (vii)-1
War crime of improper use of a flag of truce

Elements

1. The perpetrator used a flag of truce.

2. 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. The perpetrator knew or should have known of the prohibited nature of such use.[39]

4. The conduct resulted in death or serious personal injury.

5. The perpetrator knew that the conduct could result in death or serious personal injury.

6. The conduct took place in the context of and was associated with an international armed conflict.

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

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[39] This mental element recognizes the interplay between article 30 and article 32. The term “prohibited nature” denotes illegality.