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

Article 8 (2) (b) (vii)-4
War crime of improper use of the distinctive emblems of the Geneva Conventions

Elements

1. The perpetrator used the distinctive emblems of the Geneva Conventions.

2. The perpetrator made such use for combatant purposes[42] in a manner prohibited under the international law of armed conflict.

3. The perpetrator knew or should have known of the prohibited nature of such use.[43]

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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[42] “Combatant purposes” in these circumstances means purposes directly related to hostilities and not including medical, religious or similar activities.

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