Starvation of the Civilian Population as Crimes War Crime
Starvation of civilian population as a method of warfare is prohibited in both international and non-international armed conflicts. This proscribed conduct, as a grave breach of international humanitarian law, is criminalized as a war crime by international criminal law. Taking into account international instruments and jurisprudence, this paper seeks to conceptualize starvation and its constituent elements. As an international crime, starvation requires three elements. First, contextual element and that is the conduct should be committed in the context of an armed conflict. Second, material element which defines the concerned conduct as depravation of civilians from objects indispensable for their survival, which implies that the term of starvation goes behind its literal meaning. It means that starvation is not limited to depravation of food and water. Third, mental element which requires the perpetrator to intend to starve civilian population as a method of warfare. This stipulation does not require that the crime exclusively seeks a military objective but it should be committed in the context of an armed conflict.
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