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

Article 8 (2) (e) (xii)
War crime of destroying or seizing the enemy’s property

Elements

1. The perpetrator destroyed or seized certain property.

2. Such property was property of an adversary.

3. Such property was protected from that destruction or seizure under the international law of armed conflict.

4. The perpetrator was aware of the factual circumstances that established the status of the property.

5. The destruction or seizure was not required by military necessity.

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

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