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 - now available in paperback - 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 different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I of the book examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-World War II trials, the work of the International Law Commission, and the concept of genocidal intent in light of the travaux pr?paratoires of the 1948 Genocide Convention. 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 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) [Subject: International Law, Criminal Law, Comparative Law, Human Rights Law]

Publication Date: 9/24/2015
Format: Paper
ISBN: 9781849469142

Available in other formats