Chapter

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

William A. Schabas

in The International Criminal Court

Second edition

Published in print September 2016 | ISBN: 9780198739777

Series: Oxford Commentaries on International Law

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

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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.

Chapter.  9 pages.  5032 words. 

Subjects: Public International Law ; International Law ; Law

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