Purpose-based or knowledge-based intention for collective wrongdoing in international criminal law?

Autor:	Kirsten J. Fisher
Rok vydání:	2014
Předmět:	media_common.quotation_subject Context (language use) Mens rea Commission Commit Criminology Genocide Political science Wrongdoing Criminal law Law Social psychology Crimes against humanity media_common
Zdroj:	International Journal of Law in Context. 10:163-176
ISSN:	1744-5531 1744-5523
DOI:	10.1017/s1744552314000020
Popis:	Due to the distinct nature of international crimes such as genocide and crimes against humanity originating out of and contributing to the pervasive collective character of mass atrocity, the appropriatemens reafor individual commission of these crimes is difficult to pin down. Themens reafor these international crimes has been deliberated, disputed and inconsistently applied, leaving what it means for individuals to intend to commit crimes of mass atrocity mired in confusion. This paper explores the meaning of intentional commission of collective crime, and demonstrates that from both philosophical and legal perspectives, acting intentionally in the context of mass atrocity can be interpreted in different ways, resulting in a condition of international criminal law which is at risk of unpredictability and expressive uncertainty. The paper endorses purpose-based, rather than knowledge-based, intent as the appropriate standard in the context of international crimes by arguing that mere knowledge of outcomes is insufficient.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::d6aeb79082dbf4ec86855c0f6e24f20b https://doi.org/10.1017/s1744552314000020 Zobrazit plný text záznamu