Abstract
In the decision on the confi rmation of charges in the Katanga and Ngudjolo Chui case Pre-Trial Chamber I of the ICC elaborated on the defi nition and the requisite elements of ‘the war crime of pillaging under Article 8(2)(b)(xvi) of the ICC Statute, 2 which is criminalized under the Rome Statute whether it is committed in international or internal armed confl ict. According to the Elements of Crimes, the war crime of pillaging requires proof of the following three elements: ‘(i) the perpetrator appropriated certain property; (ii) the perpe trator intended to deprive the owner of the property and to appropriate it for private or personal use; and (iii) the appropriation was without the consent of the owner’.
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