The Concept of Mens Rea in International Criminal Law

The Case for a Unified Approach

By Mohamed Elewa Badar

Contributions by: Roger Clark

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of the different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. The book begins by examining the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. This is followed by a look at the jurisprudence of the post-World War II trials and the work of the International Law Commission. A separate chapter then defines the concept of genocidal intent in light of the travaux preparatoires of the 1948 Genocide Convention and scholarly opinions. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter of the book examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. (Series: Studies in International and Comparative Criminal Law - Vol. 12)


540 pages

Publication Date: 1/16/2013
Format: Cloth
ISBN: 9781841137605

Available in other formats