Mens rea at the international criminal court / / by Geert-Jan Alexander Knoops.

• Superior document: International Criminal Law Series, Volume 10
• VerfasserIn: Knoops, Geert-Jan Alexander, 1960-
• Place / Publishing House: Leiden, [The Netherlands] ;, Boston, [Massachusetts] : : Brill Nijhoff,, 2017.; ©2017
• Year of Publication: 2017
• Edition: 1st ed.
• Language: English
• Series: International criminal law series (Leiden, Netherlands) ; Volume 10.
• Physical Description: 1 online resource (267 pages).
• Notes: 7.5 Mens Rea Defenses Concerning Aggression.

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.

Table of Contents

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.