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The Concept of Mens Rea in International Criminal Law

The Case for a Unified Approach

By: Mohamed Elewa Badar
Media of The Concept of Mens Rea in International Criminal Law
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Published: 25-06-2015
Format: Paperback
Edition: 1st
Extent: 542
ISBN: 9781849469142
Imprint: Hart Publishing
Series: Studies in International and Comparative Criminal Law
Dimensions: 234 x 156 mm
RRP: £49.99
Online price : £44.99
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About The Concept of Mens Rea in International Criminal Law

This is an endeavour to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of the world's major
legal systems and the jurisprudence of international criminal tribunals. The study also examines the general principles that underlie the various approaches to the subjective element
required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element.

Table Of Contents

Foreword
William A Schabas
Preface
1. Introduction
2. From Vengeance to Mens Rea to Mentes Reae
3. Mens Rea in the Common Law of England and Wales, Australia and Canada
4. Mens Rea in the American Law Institute's Model Penal Code
5. Mens Rea in German and French Criminal Law
6. Mens Rea in Chinese and Russian Criminal Law
7. Mens Rea in Islamic Criminal Law
8. Mens Rea in post-World War II Trials, the Travaux Préparatoire of the Genocide Convention and the Work of the International Law Commission
9. Mens Rea of Crimes in the Jurisprudence of the the Former Yugoslavia and Rwanda
10. The Mens Rea of Perpetration and Participation in the Jurisprudence of the ICTY and ICTR
11. Mens Rea in the Jurisprudence of the International Criminal Court
12. General Conclusions and Recommendations

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