The concept of mens rea in international criminal law is one of vast complexity and vagueness. Dr Badar’s work seeks to clarify this concept, first by analysing its place in various national legal systems and traditions, and second, by exploring how it has developed in the international sphere from its first appearance in the post-World War II trials to its current manifestation in the Rome Statute of the International Criminal Court. The book is comprised of two distinct parts, with the first part dealing with the mens rea concept at the domestic level and the second part focusing on how the concept has been incorporated into the international criminal law system. Dr Badar’s work begins with an examination of general principles of law, which justifies the comparative methodological approach taken in the book, as the author seeks to identify the understanding of, and rules pertaining to, the mental element of crimes in multifarious jurisdictions. This discussion encompasses the Romano-Germanic, common law and Islamic legal traditions, with a view to understanding the construction and operation of international law on this topic. The first part of the study delves into the treatment of the mental element of crimes in antiquity,
International Human Rights Law Review – Brill
Published: Jan 1, 2013
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