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

Article 8 (2) (b) (xxii)-1
War crime of rape

Elements

1. The perpetrator invaded[50] the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.

2. The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.[51]

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.

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[50] The concept of “invasion” is intended to be broad enough to be gender- neutral.

[51] It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age- related incapacity. This footnote also applies to the corresponding elements of article 8 (2) (b) (xxii) - 3, 5 and 6.