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

Article 8 (2) (b) (xxii)-5
War crime of enforced sterilization

Elements

1. The perpetrator deprived one or more persons of biological reproductive capacity.[54]

2. The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent.[55]

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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[54] The deprivation is not intended to include birth- control measures which have a non- permanent effect in practice.

[55] It is understood that “genuine consent” does not include consent obtained through deception.