VII The Subjective Requirements of International Crimes

Abstract

This chapter reviews first Article 30 of the International Criminal Court (ICC) Statute that contains the general mens rea rule for crimes under the Statute (Articles 5-8bis) on the basis of a thorough comparative law inquiry. . After some terminological clarifications (e.g. regarding the meaning of the term ‘intent’), it examines the objects of reference of Article 30 (material elements as well as conduct, consequence and circumstance) in order to be able to apply them to the crimes of the Statute; also, the standard or degrees of the mental element are analysed. In the second section it is inquired whether there are additional or different subjective requirements provided for by the crime definitions, such as most prominently the specific intent (dolus specialis) requirement in genocide; further, the modes of participation (Article 25(3)) going beyond Article 30 are explored.