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Cassese's International Criminal Law

Cassese's International Criminal Law (3rd edn)

Antonio Cassese and Paola Gaeta
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date: 20 August 2022

3. The Elements of international crimes, in particular the mental elementlocked

3. The Elements of international crimes, in particular the mental elementlocked

  • Antonio Cassese,
  • Paola Gaeta,
  • Laurel Baig,
  • Mary Fan,
  • Christopher Gosnell
  •  and Alex Whiting

Abstract

This chapter begins with a discussion of the two main features that characterize international crime. It then explains the objective structure of international crime, which divides these crimes into conduct; consequences; and circumstances. This is followed by discussions of the mental element of international criminal law; intent; special intent (dolus specialis) recklessness or indirect intent, knowledge, culpable or gross negligence, the mental element in the International Criminal Court Statute, and judicial determination of the mental element.

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