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

Article 8 (2) (c) (i)-3
War crime of cruel treatment


1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

2. Such person or persons were either hors de combat, or were civilians, medical personnel, or religious personnel taking no active part in the hostilities.

3. The perpetrator was aware of the factual circumstances that established this status.

4. The conduct took place in the context of and was associated with an armed conflict not of an international character.

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