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

Article 8 (2) (b) (xvii)
War crime of employing poison or poisoned weapons


1. The perpetrator employed a substance or a weapon that releases a substance as a result of its employment.

2. The substance was such that it causes death or serious damage to health in the ordinary course of events, through its toxic properties.

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

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