Element analysis of mental element of intentional crimes in the jurisdiction of International Criminal Court

The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article c...

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Bibliographic Details
Main Authors: Iman Mohtaram Qalaati, Jalal Aldin Ghiasi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2018-01-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
Subjects:
Online Access:http://jclr.atu.ac.ir/article_8170_a11cb4c175cee8abfbb7b9dc6801124e.pdf
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Summary:The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparent and clear, although it seeks to create a general rule for mental element of all crimes in the jurisdiction of the Court; and still there is a lot of uncertainties on them. These uncertainties challenging the interpretation and implementation of mental element related issues in the Statute. Defining and separating primary and essential parts of mental element In Article 30, this paper examines and discusses the relationship of these elements with the behavior, condition and result of crimes within the jurisdiction of the Court.
ISSN:2345-3575