International Crimes: Elements, Definitions, and Evidence

Module 2 –
Sexual Violence as an
International Crime
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
INTERNATIONAL PROTOCOL
PART 1 MODULE 2, PAGES 16-26
EVIDENCE WORKBOOK, ANNEX  1
Most acts of violence will be a 
Most acts of violence will be a 
crime under national law
crime under national law
 – murder,
 – murder,
rape, assault, theft etc.
rape, assault, theft etc.
Under certain circumstances, the same act can also constitute an
Under certain circumstances, the same act can also constitute an
international crime
international crime
 – a violation of international criminal law
 – a violation of international criminal law
International law usually only applies to 
International law usually only applies to 
states
states
, but international
, but international
criminal law, including parts of international humanitarian law (law
criminal law, including parts of international humanitarian law (law
of armed conflict), can also make 
of armed conflict), can also make 
individuals
individuals
 legally accountable for
 legally accountable for
their actions
their actions
There are three main types of international crime:
There are three main types of international crime:
What is an international
crime?
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
GENOCIDE
GENOCIDE
WAR
WAR
CRIMES
CRIMES
CRIMES
CRIMES
AGAINST
AGAINST
HUMANITY
HUMANITY
What makes something an
What makes something an
international crime?
international crime?
International Protocol, pages 16-18
International Protocol, pages 16-18
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
There are many 
There are many 
sources
sources
 of international criminal law, such as:
 of international criminal law, such as:
 Treaties (e.g. Rome Statute)  
 Treaties (e.g. Rome Statute)  
Customary law  
Customary law  
Jurisprudence
Jurisprudence
The definitions of international crimes can vary between different
The definitions of international crimes can vary between different
jurisdictions – 
jurisdictions – 
you must find out which laws apply in your context
you must find out which laws apply in your context
Generally, 
Generally, 
to hold individuals accountable 
to hold individuals accountable 
for an international
for an international
crime, you will need to prove three separate categories of legal
crime, you will need to prove three separate categories of legal
elements:
elements:
SPECIFIC
ELEMENTS
(what happened?)
E
E
VIDENCE
VIDENCE
 
 
OF
OF
 
 
SEXUAL
SEXUAL
 
 
VIOLENCE
VIOLENCE
 
 
IS
IS
 
 
ALWAYS
ALWAYS
 
 
RELEVANT
RELEVANT
It can be used to prove both
It can be used to prove both
 specific sexual violence crimes 
 specific sexual violence crimes 
and
and
other international crimes that can be 
other international crimes that can be 
committed by using
committed by using
sexual violence
sexual violence
The victim or witness is likely to have evidence about both
The victim or witness is likely to have evidence about both
crimes of sexual violence and 
crimes of sexual violence and 
other crimes
other crimes
 – the same facts can
 – the same facts can
be relevant to more than one specific crime
be relevant to more than one specific crime
If you understand the 
If you understand the 
legal elements 
legal elements 
of the crime that must be
of the crime that must be
proven, you can collect 
proven, you can collect 
more relevant evidence
more relevant evidence
A) Specific elements of crimes
A) Specific elements of crimes
International Protocol, pages 18-23
International Protocol, pages 18-23
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Module 6 – Testimony and Module 7 – Interviewing
Module 6 – Testimony and Module 7 – Interviewing
Module 8 – Additional Sources of Information
Module 8 – Additional Sources of Information
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
A) Specific elements of crimes
A) Specific elements of crimes
– war crimes
– war crimes
International Protocol, pages 19-20
International Protocol, pages 19-20
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
A) Specific elements of crimes
A) Specific elements of crimes
– crimes against humanity
– crimes against humanity
International Protocol, pages 20-21
International Protocol, pages 20-21
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
A) Specific elements of crimes
A) Specific elements of crimes
– genocide
– genocide
International Protocol, page 21
International Protocol, page 21
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
Torture is a war crime and a crime against humanity, but national
Torture is a war crime and a crime against humanity, but national
criminal codes often address it as a 
criminal codes often address it as a 
separate crime
separate crime
The crime of rape can be 
The crime of rape can be 
committed against a man or a woman
committed against a man or a woman
under international law – in some jurisdictions, it can only be
under international law – in some jurisdictions, it can only be
committed by a man against a woman
committed by a man against a woman
The crime of ‘other forms of sexual violence’ can include 
The crime of ‘other forms of sexual violence’ can include 
forcing
forcing
someone to commit sexual violence
someone to commit sexual violence
Make sure that you understand the law relevant to your work,
Make sure that you understand the law relevant to your work,
including any relevant 
including any relevant 
law on procedure and evidence
law on procedure and evidence
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
A) Specific elements of crimes
A) Specific elements of crimes
International Protocol, pages 18-23
International Protocol, pages 18-23
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Module 6 – Testimony and Module 7 – Interviewing
Module 6 – Testimony and Module 7 – Interviewing
Module 8 – Additional Sources of Information
Module 8 – Additional Sources of Information
The background circumstances of an act must reach a 
The background circumstances of an act must reach a 
threshold
threshold
of seriousness
of seriousness
 that raises them to the level of international
 that raises them to the level of international
crimes
crimes
For each of the three categories of international crimes – war
For each of the three categories of international crimes – war
crimes, crimes against humanity and genocide – there are certain
crimes, crimes against humanity and genocide – there are certain
contextual elements
contextual elements
 that must be proven
 that must be proven
This means that you must establish certain facts about 
This means that you must establish certain facts about 
the
the
circumstances under which the act took place
circumstances under which the act took place
 for it to qualify as
 for it to qualify as
an international crime
an international crime
B) Contextual elements of crimes
B) Contextual elements of crimes
International Protocol, pages 23-25
International Protocol, pages 23-25
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Module 1 – Understanding Sexual Violence
Module 1 – Understanding Sexual Violence
Module 6 – Testimony and Module 7 – Interviewing
Module 6 – Testimony and Module 7 – Interviewing
Module 8 – Additional Sources of Information
Module 8 – Additional Sources of Information
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
B) Contextual elements of crimes
B) Contextual elements of crimes
– sexual violence as a war crime
– sexual violence as a war crime
International Protocol, pages 23-24
International Protocol, pages 23-24
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
and that the direct perpetrator was
and that the direct perpetrator was
You must show that the act took place
You must show that the act took place
and
Sexual violence is a war crime in 
Sexual violence is a war crime in 
both international and non-
both international and non-
international armed conflicts 
international armed conflicts 
(different legal frameworks can
(different legal frameworks can
have multiple and/or different definitions for each of these types
have multiple and/or different definitions for each of these types
of armed conflict)
of armed conflict)
Unlike other war crimes, it is not necessary to prove that a victim
Unlike other war crimes, it is not necessary to prove that a victim
of sexual violence was a 
of sexual violence was a 
civilian or other protected person
civilian or other protected person
As long as the other contextual elements for war crimes have
As long as the other contextual elements for war crimes have
been met, sexual violence will always constitute a war crime
been met, sexual violence will always constitute a war crime
regardless of the status of the victim
regardless of the status of the victim
War crimes and crimes against humanity 
War crimes and crimes against humanity 
often overlap
often overlap
 – the
 – the
same act can sometimes satisfy the legal elements for both
same act can sometimes satisfy the legal elements for both
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
B) Contextual elements of crimes
B) Contextual elements of crimes
– sexual violence as a war crime
– sexual violence as a war crime
International Protocol, pages 23-24
International Protocol, pages 23-24
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
and that the direct perpetrator
and that the direct perpetrator
You must show that the act was part of a
You must show that the act was part of a
OR
OR
B) Contextual elements of crimes
B) Contextual elements of crimes
– sexual violence as a crime against humanity
– sexual violence as a crime against humanity
International Protocol, pages 23-24
International Protocol, pages 23-24
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
or
or
that their conduct would form
that their conduct would form
Crimes against humanity can take place 
Crimes against humanity can take place 
during war or in peacetime
during war or in peacetime
,
,
as long as the act in question was committed as part of an 
as long as the act in question was committed as part of an 
attack
attack
against the civilian population
against the civilian population
The “attack” does not have to be armed/military, but it must be
The “attack” does not have to be armed/military, but it must be
widespread 
widespread 
or
or
 systematic
 systematic
 – some jurisdictions also require evidence of
 – some jurisdictions also require evidence of
a 
a 
state or organisational policy
state or organisational policy
 to commit the attack
 to commit the attack
You do not have to show that sexual violence was widespread or
You do not have to show that sexual violence was widespread or
systematic, only that it was committed 
systematic, only that it was committed 
as part of the attack
as part of the attack
Evidence of large-scale sexual violence can also help 
Evidence of large-scale sexual violence can also help 
prove the attack
prove the attack
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
B) Contextual elements of crimes
B) Contextual elements of crimes
– sexual violence as a crime against humanity
– sexual violence as a crime against humanity
International Protocol, pages 23-24
International Protocol, pages 23-24
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
B) Contextual elements of crimes
B) Contextual elements of crimes
– sexual violence as genocide
– sexual violence as genocide
International Protocol, pages 24-25
International Protocol, pages 24-25
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
as such
as such
You must show that the act was committed
You must show that the act was committed
Genocide does not necessarily or just mean 
Genocide does not necessarily or just mean 
mass killing
mass killing
 – sexual
 – sexual
violence can constitute several underlying acts of genocide,
violence can constitute several underlying acts of genocide,
particularly 
particularly 
causing serious bodily or mental harm
causing serious bodily or mental harm
Genocide is not an easy crime to prove – it is often difficult to
Genocide is not an easy crime to prove – it is often difficult to
find evidence of the 
find evidence of the 
specific intent to destroy the group
specific intent to destroy the group
Only 
Only 
national, ethnic, racial or religious groups
national, ethnic, racial or religious groups
 are covered by
 are covered by
the crime of genocide under international law, but targeting
the crime of genocide under international law, but targeting
members of other groups on discriminatory grounds – such as
members of other groups on discriminatory grounds – such as
gender or political opinion -- could still constitute the 
gender or political opinion -- could still constitute the 
crime
crime
against humanity
against humanity
 of persecution
 of persecution
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
B) Contextual elements of crimes
B) Contextual elements of crimes
– sexual violence as genocide
– sexual violence as genocide
International Protocol, pages 24-25
International Protocol, pages 24-25
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Module 1 – Understanding Sexual Violence
Module 1 – Understanding Sexual Violence
C) Linkage elements of crimes
C) Linkage elements of crimes
International Protocol, pages 25-26
International Protocol, pages 25-26
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Module 3 – Preliminary Considerations
Module 3 – Preliminary Considerations
Module 5 – Identifying Survivors and Other Witnesses
Module 5 – Identifying Survivors and Other Witnesses
Module 6 – Testimony and Module 7 – Interviewing
Module 6 – Testimony and Module 7 – Interviewing
Module 8 – Additional Sources of Information
Module 8 – Additional Sources of Information
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
The 
The 
mode of liability
mode of liability
 is a legal term which refers to different
 is a legal term which refers to different
forms of personal responsibility for a crime
forms of personal responsibility for a crime
Under international law, it is possible to hold to account 
Under international law, it is possible to hold to account 
not just
not just
the direct perpetrator
the direct perpetrator
 of sexual violence, but also those who
 of sexual violence, but also those who
allow, encourage or remotely influence
allow, encourage or remotely influence
 its commission
 its commission
Whatever forms of criminal liability apply in your jurisdiction, it
Whatever forms of criminal liability apply in your jurisdiction, it
is still crucial for you to document detailed information that
is still crucial for you to document detailed information that
could 
could 
help prove a link
help prove a link
 to those 
 to those 
responsible for the crime
responsible for the crime
 
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
These are the main modes of liability used by the International
These are the main modes of liability used by the International
Criminal Court. There may be others which apply in your jurisdiction.
Criminal Court. There may be others which apply in your jurisdiction.
C) Linkage elements of crimes
C) Linkage elements of crimes
International Protocol, pages 25-26
International Protocol, pages 25-26
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
These are the main modes of liability used by the International
Criminal Court. There may be others which apply in your jurisdiction.
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
 
C) Linkage elements of crimes
C) Linkage elements of crimes
International Protocol, pages 25-26
International Protocol, pages 25-26
Evidence Workbook, Annex 1
Evidence Workbook, Annex 1
Recognising the elements
Recognising the elements
of international crimes
of international crimes
Evidence Workbook – pages 80-81, 83-84, 92-93 and 98
Evidence Workbook – pages 80-81, 83-84, 92-93 and 98
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
E
E
XERCISE
XERCISE
Carefully read and discuss the scenarios on pages
Carefully read and discuss the scenarios on pages
80-81, 83-84, 92-93 and 98 of the Evidence Workbook
80-81, 83-84, 92-93 and 98 of the Evidence Workbook
What 
What 
international crimes
international crimes
 do you think might be
 do you think might be
relevant to those facts?
relevant to those facts?
Recognising the elements
Recognising the elements
of international crimes
of international crimes
Evidence Workbook – pages 80-81, 83-84, 92-93 and 98
Evidence Workbook – pages 80-81, 83-84, 92-93 and 98
Training Materials on the International Protocol
© Institute for International Criminal Investigations 2015
E
E
XERCISE
XERCISE
In groups, discuss whether the information contained in
In groups, discuss whether the information contained in
that testimony would satisfy the necessary elements for
that testimony would satisfy the necessary elements for
each of the three required categories: 
each of the three required categories: 
specific,
specific,
contextual and linkage evidence
contextual and linkage evidence
If some information is missing or you realise there are
If some information is missing or you realise there are
some gaps in your evidence, discuss how you would go
some gaps in your evidence, discuss how you would go
about 
about 
finding the missing information
finding the missing information
 – use the other
 – use the other
examples in the Evidence Workbook as a guide
examples in the Evidence Workbook as a guide
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International crimes encompass acts like crimes against humanity, war crimes, and genocide, with various legal elements to establish accountability. To substantiate such crimes, individuals must prove contextual, linkage, and specific elements. Evidence of sexual violence is crucial in proving these crimes and can be relevant to multiple offenses. Understanding the legal elements is key to gathering pertinent evidence.


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  1. Module 2 Sexual Violence as an International Crime INTERNATIONAL PROTOCOL PART 1 MODULE 2, PAGES 16-26 EVIDENCE WORKBOOK, ANNEX 1

  2. What is an international crime? Most acts of violence will be a crime under national law murder, rape, assault, theft etc. Under certain circumstances, the same act can also constitute an international crime a violation of international criminal law International law usually only applies to states, but international criminal law, including parts of international humanitarian law (law of armed conflict), can also make individuals legally accountable for their actions There are three main types of international crime: CRIMES AGAINST HUMANITY WAR CRIMES GENOCIDE

  3. What makes something an international crime? International Protocol, pages 16-18 There are many sources of international criminal law, such as: Treaties (e.g. Rome Statute) Customary law Jurisprudence The definitions of international crimes can vary between different jurisdictions you must find out which laws apply in your context Generally, to hold individuals accountable for an international crime, you will need to prove three separate categories of legal elements: CONTEXTUAL ELEMENTS (under what circumstances?) LINKAGE ELEMENTS (who is responsible and HOW?) SPECIFIC ELEMENTS (what happened?)

  4. A) Specific elements of crimes International Protocol, pages 18-23 Evidence Workbook, Annex 1 Module 6 Testimony and Module 7 Interviewing Module 8 Additional Sources of Information EVIDENCE OF SEXUAL VIOLENCE IS ALWAYS RELEVANT It can be used to prove both specific sexual violence crimes and other international crimes that can be committed by using sexual violence The victim or witness is likely to have evidence about both crimes of sexual violence and other crimes the same facts can be relevant to more than one specific crime If you understand the legal elements of the crime that must be proven, you can collect more relevant evidence

  5. A) Specific elements of crimes war crimes International Protocol, pages 19-20 Evidence Workbook, Annex 1 Specific crimes of sexual violence Other relevant war crimes Rape Torture Sexual slavery Cruel treatment Forced pregnancy Mutilation Enforced prostitution Use of child soldiers Enforced sterilisation Outrages on personal dignity Other forms of sexual violence Humiliating or degrading treatment

  6. A) Specific elements of crimes crimes against humanity International Protocol, pages 20-21 Evidence Workbook, Annex 1 Specific crimes of sexual violence Other relevant crimes against humanity Rape Murder Sexual slavery Torture Forced pregnancy Persecution Enforced prostitution Imprisonment Enforced sterilisation Extermination Other forms of sexual violence Other inhumane acts

  7. A) Specific elements of crimes genocide International Protocol, page 21 Evidence Workbook, Annex 1 Specific acts of genocide Killing members of the group Causing serious bodily or mental harm to members of the group Bringing about conditions of life calculated to destroy the group Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group

  8. A) Specific elements of crimes International Protocol, pages 18-23 Evidence Workbook, Annex 1 Module 6 Testimony and Module 7 Interviewing Module 8 Additional Sources of Information Torture is a war crime and a crime against humanity, but national criminal codes often address it as a separate crime The crime of rape can be committed against a man or a woman under international law in some jurisdictions, it can only be committed by a man against a woman The crime of other forms of sexual violence can include forcing someone to commit sexual violence Make sure that you understand the law relevant to your work, including any relevant law on procedure and evidence

  9. B) Contextual elements of crimes International Protocol, pages 23-25 Evidence Workbook, Annex 1 Module 1 Understanding Sexual Violence Module 6 Testimony and Module 7 Interviewing Module 8 Additional Sources of Information The background circumstances of an act must reach a threshold of seriousness that raises them to the level of international crimes For each of the three categories of international crimes war crimes, crimes against humanity and genocide there are certain contextual elements that must be proven This means that you must establish certain facts about the circumstances under which the act took place for it to qualify as an international crime

  10. B) Contextual elements of crimes sexual violence as a war crime International Protocol, pages 23-24 Evidence Workbook, Annex 1 You must show that the act took place and was associated with in the context of AN ARMED CONFLICT (international or non-international) and that the direct perpetrator was aware of the existence of the armed conflict

  11. B) Contextual elements of crimes sexual violence as a war crime International Protocol, pages 23-24 Evidence Workbook, Annex 1 Sexual violence is a war crime in both international and non- international armed conflicts (different legal frameworks can have multiple and/or different definitions for each of these types of armed conflict) Unlike other war crimes, it is not necessary to prove that a victim of sexual violence was a civilian or other protected person As long as the other contextual elements for war crimes have been met, sexual violence will always constitute a war crime regardless of the status of the victim War crimes and crimes against humanity often overlap the same act can sometimes satisfy the legal elements for both

  12. B) Contextual elements of crimes sexual violence as a crime against humanity International Protocol, pages 23-24 Evidence Workbook, Annex 1 You must show that the act was part of a widespread systematic OR ATTACK AGAINST A CIVILIAN POPULATION knew intended and that the direct perpetrator or part of the attack that their conduct would form

  13. B) Contextual elements of crimes sexual violence as a crime against humanity International Protocol, pages 23-24 Evidence Workbook, Annex 1 Crimes against humanity can take place during war or in peacetime, as long as the act in question was committed as part of an attack against the civilian population The attack does not have to be armed/military, but it must be widespread or systematic some jurisdictions also require evidence of a state or organisational policy to commit the attack You do not have to show that sexual violence was widespread or systematic, only that it was committed as part of the attack Evidence of large-scale sexual violence can also help prove the attack

  14. B) Contextual elements of crimes sexual violence as genocide International Protocol, pages 24-25 Evidence Workbook, Annex 1 You must show that the act was committed with the intent to destroy in whole or in part A NATIONAL, ETHNIC, RACIAL OR RELIGIOUS GROUP as such

  15. B) Contextual elements of crimes sexual violence as genocide International Protocol, pages 24-25 Evidence Workbook, Annex 1 Module 1 Understanding Sexual Violence Genocide does not necessarily or just mean mass killing sexual violence can constitute several underlying acts of genocide, particularly causing serious bodily or mental harm Genocide is not an easy crime to prove it is often difficult to find evidence of the specific intent to destroy the group Only national, ethnic, racial or religious groups are covered by the crime of genocide under international law, but targeting members of other groups on discriminatory grounds such as gender or political opinion -- could still constitute the crime against humanity of persecution

  16. C) Linkage elements of crimes International Protocol, pages 25-26 Evidence Workbook, Annex 1 Module 3 Preliminary Considerations Module 5 Identifying Survivors and Other Witnesses Module 6 Testimony and Module 7 Interviewing Module 8 Additional Sources of Information The mode of liability is a legal term which refers to different forms of personal responsibility for a crime Under international law, it is possible to hold to account not just the direct perpetrator of sexual violence, but also those who allow, encourage or remotely influence its commission Whatever forms of criminal liability apply in your jurisdiction, it is still crucial for you to document detailed information that could help prove a link to those responsible for the crime

  17. C) Linkage elements of crimes International Protocol, pages 25-26 Evidence Workbook, Annex 1 These are the main modes of liability used by the International Criminal Court. There may be others which apply in your jurisdiction. You must show that the suspect formed a common plan with a group of people to commit international crimes Co-perpetration/ common purpose You must show that the suspect exercised control over the crime/direct perpetrator and intended to commit the crime Indirect perpetration You must show that the suspect had the authority to issue orders and expected them to be carried out Ordering

  18. C) Linkage elements of crimes International Protocol, pages 25-26 Evidence Workbook, Annex 1 These are the main modes of liability used by the International Criminal Court. There may be others which apply in your jurisdiction. You must show that the suspect encouraged, provoked, incentivised or convinced the direct perpetrator to commit sexual violence Soliciting/ inducing You must show that the suspect provided practical assistance, moral support to the direct perpetrator Aiding and abetting encouragement or You must show that the civilian or military authority had effective control, knew or should have known violence and failed to prevent or punish it Superior/ command responsibility about the sexual

  19. Recognising the elements of international crimes Evidence Workbook pages 80-81, 83-84, 92-93 and 98 EXERCISE Carefully read and discuss the scenarios on pages 80-81, 83-84, 92-93 and 98 of the Evidence Workbook What international crimes do you think might be relevant to those facts?

  20. Recognising the elements of international crimes Evidence Workbook pages 80-81, 83-84, 92-93 and 98 EXERCISE In groups, discuss whether the information contained in that testimony would satisfy the necessary elements for each of the three required categories: specific, contextual and linkage evidence If some information is missing or you realise there are some gaps in your evidence, discuss how you would go about finding the missing information use the other examples in the Evidence Workbook as a guide

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