CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(xii) Destroying/seizing enemy's property
Art. 8(2)(e)(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessiti
- 1. The conduct took place in the context of and was associated with an armed conflict not of an international character;
- 2. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 3. The perpetrator destroyed or seized certain property.
- 4. Such property was property of an adversary.
- 5. Such property was protected from that destruction or seizure under the international law of armed conflict.
- 6. [Particular mental element for Element 5] The perpetrator was aware of the factual circumstances that established the status of the property.
- 7. The destruction or seizure was not required by military necessity.
- 8.a. [Mental element for Element 3] [Conduct of destroying or seizing]: The perpetrator meant to engage in the destruction or seizure of certain property.
- 8.b.i. [Mental element of Element 3] [Consequence of destroying or seizing]: The perpetrator meant to cause the appropriation or seizure of certain property; OR
- 8.b.ii. [Mental element of Element 3] [Consequence of destroying or seizing]: The perpetrator was aware that destruction or seizure of certain property would occur in the ordinary course of events.
- 9.c. [Mental element of Element 4] [Circumstance of such property belonging to a hostile party]: The perpetrator was aware that such property was that of a hostile party.
- 10.c. [Mental element for Element 7] [Circumstance of military necessity]: The perpetrator was aware that the destruction or seizure was not justified by military necessity.
