Viadrina Logo
Jura Logo
Foto Logo

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

Article 8 (2) (b) (vii)-2
War crime of improper use of a flag, insignia or uniform of the hostile party

Elements

1. The perpetrator used a flag, insignia or uniform of the hostile party.

2. The perpetrator made such use in a manner prohibited under the international law of armed conflict while engaged in an attack.

3. The perpetrator knew or should have known of the prohibited nature of such use.[40]

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.

________________________________

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