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Mens Rea at the International Criminal Court. 国際刑事裁判所における「故意過失」
・ISBN 978-90-04-30787-2 hard EUR 120.00
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電子版あり 大学・学術機関向け電子ブック（eBook）ISBN 978-90-04-30788-9
| 著者・編者 | Knoops, Geert-Jan Alexander, |
|---|---|
| シリーズ | International Criminal Law |
| 出版社 | (Brill / Nijhoff, NE) |
| 出版年月 | 2017 |
| ページ数 | 250 pp. |
| 言語 | ENG |
| ニュース番号 | ＜636-1639 636-L1185＞ |
解説
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.
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.