The Mental Element in International Criminal Law

Edited by: Dorina Andoni, Kristina Janjac

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 forward 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." (Series: International Criminal Law - Vol. 9) [Subject: International Law, Criminal Law]

Publication Date: 2/10/2014
Format: Paper
ISBN: 9789058871893

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