Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia

Badar, Mohamed (2006) Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. International Criminal Law Review, 6 (3). pp. 313-348. ISSN 1567-536X

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Official URL: http://dx.doi.org/10.1163/157181206778553905

Abstract

Even though more than a decade has passed since the creation of the International Criminal Tribunal for the Former Yugoslavia, the law of the most fundamental concept in international criminal law – mens rea – remains unsettled. Through its jurisprudence, the Yugoslavia Tribunal has made enormous efforts to assign different degrees of mens rea for different categories of crimes under its Statute. The present study is an attempt to clarify several issues with regard to the law of mens rea as developed in the case law of the Yugoslavia Tribunal. Among these issues are the following: what precisely is to be understood by the terms "specific intent", "special intent", "dolus specialis", or "surplus intent"? Similarly, what are the precise meanings of the terms "deliberately", "intention", "intent", "intentionally", "wilful or wilfully", "knowledge", and "wanton" as provided for in the ICTY Statute or as employed by the Chambers within its judgments.

Item Type: Article
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > School of Law
Depositing User: Becky Skoyles
Date Deposited: 13 May 2016 10:20
Last Modified: 13 May 2016 10:20
URI: http://nrl.northumbria.ac.uk/id/eprint/26827

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