Orders, Solicits or Induces The Commission of Such A Crime Which in Fact Occurs or Is Attempted

CHARGE 1: Article 8 (2) (b) (iv)
War crime of excessive incidental death, injury, or damage

Elements
1. The perpetrator launched an attack.
2. The attack was such that it would cause incidental death or injury to civilians or damage to
civilian objects or widespread, long-term and severe damage to the natural environment and that
such death, injury or damage would be of such an extent as to be clearly excessive in relation to the
concrete and direct overall military advantage anticipated.
3. The perpetrator knew that the attack would cause incidental death or injury to civilians or
damage to civilian objects or widespread, long-term and severe damage to the natural environment
and that such death, injury or damage would be of such an extent as to be clearly excessive in
relation to the concrete and direct overall military advantage anticipated.
4. The conduct took place in the context of and was associated with an international armed
conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an armed
conflict.
MODE 1: Article 25 Individual criminal responsibility

In accordance with this Statute, a person shall be criminally responsible and liable for punishment
for a crime within the jurisdiction of the Court if that person:
Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted.
CHARGE 2: Article 8 (2) (b) (iii)

War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping
mission
Elements
1. The perpetrator directed an attack.
2. The object of the attack was personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of the United
Nations.
3. The perpetrator intended such personnel, installations, material, units or vehicles so involved to
be the object of the attack.
4. Such personnel, installations, material, units or vehicles were entitled to that protection given to
civilians or civilian objects under the international law of armed conflict.
5. The perpetrator was aware of the factual circumstances that established that protection.
conflict.
conflict.
MODE 2: Article 28 Responsibility of commanders and other superiors

In addition to other grounds of criminal responsibility under this Statute for crimes within the
jurisdiction of the Court:
(a) A military commander or person effectively acting as a military commander shall be criminally
responsible for crimes within the jurisdiction of the Court committed by forces under his or her
effective command and control, or effective authority and control as the case may be, as a result of
his or her failure to exercise control properly over such forces, where:
(i) That military commander or person either knew or, owing to the circumstances at the time,
should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within
his or her power to prevent or repress their commission or to submit the matter to the competent
authorities for investigation and prosecution.
CHARGE 3: Article 8 (2) (b) (xii)

War crime of denying quarter
Elements
1. The perpetrator declared or ordered that there shall be no survivors.
2. Such declaration or order was given in order to threaten an adversary or to conduct hostilities
on the basis that there shall be no survivors.
3. The perpetrator was in a position of effective command or control over the subordinate forces
to which the declaration or order was directed.
conflict.
conflict.
MODE 3: Article 25 Individual criminal responsibility

3. In accordance with this Statute, a person shall be criminally responsible and liable for
punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another
person, regardless of whether that other person is criminally responsible.

Orders, Solicits or Induces The Commission of Such A Crime Which in Fact Occurs or Is Attempted

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Orders, Solicits or Induces The Commission of Such A Crime Which in Fact Occurs or Is Attempted

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CHARGE 1: Article 8 (2) (b) (iv)

War crime of excessive incidental death, injury, or damage

MODE 1: Article 25 Individual criminal responsibility

CHARGE 2: Article 8 (2) (b) (iii)

MODE 2: Article 28 Responsibility of commanders and other superiors

CHARGE 3: Article 8 (2) (b) (xii)

MODE 3: Article 25 Individual criminal responsibility

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