Individual Criminal Responsibility

Article 25 (3) (b)

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:

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

Article 8(2) (b) (ix)

War crimes

2. For the purpose of this Statute, "war crimes" means:

(b) Other serious violations of the laws and customs applicable in international armed conflict, within
the established framework of international law, namely, any of the following acts:

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected,
provided they are not military objectives;

Article 8 (2) (b) (ix) - War crime of attacking protected objects [^45]

Elements

The perpetrator directed an attack. -– Surround the temple

The object of the attack was one or more buildings dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected,
which were not military objectives.

The perpetrator intended such building or buildings dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals or places where the sick and wounded are collected,
which were not military objectives, to be the object of the attack. – Surround the building

The conduct took place in the context of and was associated with an international armed conflict.

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