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(p. 37) 3. The Elements of international crimes, in particular the mental element 

(p. 37) 3. The Elements of international crimes, in particular the mental element
Chapter:
(p. 37) 3. The Elements of international crimes, in particular the mental element
Author(s):

Antonio Cassese

, Paola Gaeta

, Laurel Baig

, Mary Fan

, Christopher Gosnell

, and Alex Whiting

DOI:
10.1093/he/9780199694921.003.0018
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date: 15 December 2019

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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