Journal Article

The Crime of Genocide and Contextual Elements

Claus Kreß

in Journal of International Criminal Justice

Volume 7, issue 2, pages 297-306
Published in print May 2009 | ISSN: 1478-1387
Published online June 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqp031
The Crime of Genocide and Contextual Elements

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The Pre-Trial Chamber correctly held that the formulation of the last (common) element in the Elements of Crimes on Genocide does not purport to amend the crime's definition but provides for a welcome clarification. The contextual elements should not, however, be seen as an addition to the crime's actus reus but as an objective point of reference for the determination of a realistic genocidal intent. The Chamber's requirement of a ‘concrete threat’ is unfortunately worded because it suggests an unduly stringent contextual threshold.

Journal Article.  4669 words. 

Subjects: Criminal Law ; International Law

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