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

Article 8 (2) (b) (viii)
The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory

Elements

1. The perpetrator:

(a) Transferred[44], directly or indirectly, parts of its own population into the territory it occupies; or

(b) Deported or transferred all or parts of the population of the occupied territory within or outside this territory.

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

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

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[44] The term “transfer” needs to be interpreted in accordance with the relevant provisions of international humanitarian law.