Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- 1 Creation of the Court
- 2 Crimes prosecuted by the Court
- 3 Jurisdiction and admissibility
- 4 General principles of criminal law
- 5 Investigation and pre-trial procedure
- 6 Trial and appeal
- 7 Punishment and the rights of victims
- 8 Structure and administration of the Court
- Appendices
- Appendix 1 Rome Statute
- Appendix 2 Elements of Crimes
- Appendix 3 Rules of Procedure and Evidence
- Appendix 4 States parties and signatories
- Appendix 5 Declarations and reservations
- Appendix 6 Judges of the Court
- Bibliography
- Index
Appendix 2 - Elements of Crimes
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- List of abbreviations
- 1 Creation of the Court
- 2 Crimes prosecuted by the Court
- 3 Jurisdiction and admissibility
- 4 General principles of criminal law
- 5 Investigation and pre-trial procedure
- 6 Trial and appeal
- 7 Punishment and the rights of victims
- 8 Structure and administration of the Court
- Appendices
- Appendix 1 Rome Statute
- Appendix 2 Elements of Crimes
- Appendix 3 Rules of Procedure and Evidence
- Appendix 4 States parties and signatories
- Appendix 5 Declarations and reservations
- Appendix 6 Judges of the Court
- Bibliography
- Index
Summary
GENERAL INTRODUCTION
Pursuant to article 9, the following Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8, consistent with the Statute. The provisions of the Statute, including article 21 and the general principles set out in Part 3, are applicable to the Elements of Crimes.
As stated in article 30, unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge. Where no reference is made in the Elements of Crimes to a mental element for any particular conduct, consequence or circumstance listed, it is understood that the relevant mental element, i.e., intent, knowledge or both, set out in article 30 applies. Exceptions to the article 30 standard, based on the Statute, including applicable law under its relevant provisions, are indicated below.
Existence of intent and knowledge can be inferred from relevant facts and circumstances.
With respect to mental elements associated with elements involving value judgment, such as those using the terms ‘inhumane’ or ‘severe’, it is not necessary that the perpetrator personally completed a particular value judgment, unless otherwise indicated.
Grounds for excluding criminal responsibility or the absence thereof are generally not specified in the elements of crimes listed under each crime.
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- An Introduction to the International Criminal Court , pp. 279 - 321Publisher: Cambridge University PressPrint publication year: 2004