RAPE 

SEXUAL SLAVERY⁵²

ENFORCED PROSTITUTION

FORCED PREGNANCY

ENFORCED STERILIZATION

Article 8 (2) (b) (xxii)-1

1. The perpetrator invaded⁵⁰ the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.

2. The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent. ⁵¹

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⁵⁰ The concept of "invasion" is intended to be broad enough to be gender-neutral.

⁵¹ It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity. This footnote also applies to the corresponding elements of article 8 (2) (b) (xxii)-3, 5 and 6.

Article 8 (2) (b) (xxii)-2

1. The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.⁵³

2. The perpetrator caused such person or persons to engage in one or more acts of a sexual nature.

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⁵² Given the complex nature of this crime, it is recognized that its commission could involve more than one perpetrator as a part of a common criminal purpose.

⁵³ It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children.

Article 8 (2) (b) (xxii)-3

1. The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive

environment or such person’s or persons’ incapacity to give genuine consent.

 2. The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature.

Article 8 (2) (b)(xxii)-4 

1. The perpetrator confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.

Article 8 (2) (b) (xxii)-5 

1. The perpetrator deprived one or more persons of biological reproductive capacity.⁵⁴

2. The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent.⁵⁵

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⁵⁴ The deprivation is not intended to include birth-control measures which have a non-permanent effect in practice.

⁵⁵ It is understood that “genuine consent” does not include consent obtained through deception.

                                                                 SEXUAL VIOLENCE

                                                        MUTILATION

                                                                   Article 8 (2) (b) (xxii)-6

1. The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons’ incapacity to give genuine consent. 

2. The conduct was of a gravity comparable to that of a grave breach of Geneva Conventions.

 3. The perpetrator was aware of the factual circumstances that established the gravity of the conduct.

                                                         Article 8 (2) (b) (x)-1 

1. The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage. 

2. The conduct caused death or seriously endangered the physical or mental health of such a person or persons.

3. The conduct was neither justified by the medical, dental or hospital treatment of the person or persons concerned nor carried out in such person’s or persons’ interest. ⁴⁶

4. Such person or persons were in the power of an adverse party.

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⁴⁶ Consent is not a defence to this crime. The crime prohibits any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the party conducting the procedure and who are in no way deprived of liberty. This footnote also applies to the same elements for Article 8 (2) (b) (x)-2.