Mens Rea at the International Criminal Court.
2016
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Details
Title
Mens Rea at the International Criminal Court.
Imprint
Leiden : BRILL, 2016.
Description
1 online resource (267 pages).
Series
International criminal law series ; 10.
Human Rights and Humanitarian Law E-Books Online, Collection 2017, ISBN ; 9789004328037.
Human Rights and Humanitarian Law E-Books Online, Collection 2017, ISBN ; 9789004328037.
Formatted Contents Note
Preliminary Material
Introduction
Definitional Elements of Mens Rea at the Ad Hoc Tribunals
Definitional Elements of Mens Rea at the International Criminal Court
Mens Rea and War Crimes
Mens Rea and Genocide
Mens Rea and Crimes against Humanity
Mens Rea and the Crime of Aggression
Mens Rea for the Criminalization of Political Speeches
Defenses against Mens Rea
Bibliography
Table of Cases
Index.
Introduction
Definitional Elements of Mens Rea at the Ad Hoc Tribunals
Definitional Elements of Mens Rea at the International Criminal Court
Mens Rea and War Crimes
Mens Rea and Genocide
Mens Rea and Crimes against Humanity
Mens Rea and the Crime of Aggression
Mens Rea for the Criminalization of Political Speeches
Defenses against Mens Rea
Bibliography
Table of Cases
Index.
Summary
This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused's intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.
Note
7.5 Mens Rea Defenses Concerning Aggression.
Location
www
Available in Other Form
Print version: Knoops, Geert-Jan Alexander. Mens Rea at the International Criminal Court. Leiden : BRILL, c2016
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online Collection
Language
English
ISBN
9789004307889 (electronic book)
9789004307872 (print)
9789004307872 (print)
Record Appears in