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

Article 8 (2) (e) (v)
War crime of pillaging

Elements

1. The perpetrator appropriated certain property.

2. The perpetrator intended to deprive the owner of the property and to appropriate it for private or personal use.[61]

3. The appropriation was without the consent of the owner.

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.

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[61] As indicated by the use of the term “private or personal use”, appropriations justified by military necessity cannot constitute the crime of pillaging.