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Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.30 Mental element/Elément psychologique

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 30 of the Rome Statute of the International Criminal Court. Article 30 sets a demanding standard for the mental element of crimes. It declares that, ‘[u]nless otherwise provided’ the material elements of the offence must be committed ‘with intent and knowledge’. A person has intent with respect to conduct when that person means to engage in the conduct. A person has intent with respect to a consequence when that person means to cause that consequence or is aware that it will occur in the ordinary course of events. Knowledge is defined as ‘awareness that a circumstance exists or a consequence will occur in the ordinary course of events’. Article 30 defines ‘knowledge’, adding that ‘know and knowingly’ shall be construed accordingly. However, ‘know’ and ‘knowingly’ are not otherwise used in either article 30 or, for that matter, elsewhere in the Rome Statute.

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