Title: The mental element : in international criminal law /
Authors: Janjac, Kristina,; Andoni, Dorina,
Year: 2014
Subjects: Römisches Statut zur Errichtung des Internationalen Strafgerichtshofs.; Criminal liability (International law); Criminal intent.; Criminal intent; Criminal liability (International law); Subjektives Tatbestandsmerkmal; Völkerstrafrecht
Abstract: "'Actus non facit reum nisi mens sit rea.' There can be no criminal responsibility without a subjective relationship that could be defined as intent or negligence (mens rea) of the individual in question towards his actions (actus reus). Regulation of the mental element in the general part of the Rome Statute represents a major step forwards in the development of international criminal law, since so far none of the statutes of international courts contained general rules on this issue. The focus of this book is Article 30 of the Rome Statute which contains the default rule on guilt and defines intent as a basic form of it. Pursuant to the jurisprudence of the ad hoc Tribunals of the United Nations for Yugoslavia and Rwanda criminal responsibility can be imposed only when both its cognitive and volitional component are fulfilled. For a better comprehension this book also includes a selection of documents on the 'Elements of Crimes'"--Unedited summary from book cover.
Contents: Introduction -- Guilt in international law -- Introductory comments on guilt in the Rome Statute -- Insanity in the Rome Statute -- Actio libera in causa -- "Unless otherwise provided" clause -- Other forms of culpability in the Rome Statute -- Mistake of fact and mistake of law in the Rome Statute -- Conclusions.