THE ELEMENT-BASED ANALYSIS OF MENTAL ELEMENT OF INTENTIONAL FELONIES WHICH ARE WITHIN THE JURISDICTION OF ICC

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GHIASI JALALODIN; MOHTARAM GHALATI IMAN

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Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:21 Page(s): 155-196

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Title

THE ELEMENT-BASED ANALYSIS OF MENTAL ELEMENT OF INTENTIONAL FELONIES WHICH ARE WITHIN THE JURISDICTION OF ICC

Author(s)

GHIASI JALALODIN | MOHTARAM GHALATI IMAN | Issue Writer Certificate

Keywords

ROME STATUTE

MENTAL ELEMENT

INTENT

KNOWLEDGE

WILLING

Abstract

The MENTAL ELEMENT of INTENTional felonies which are in the jurisdiction of the International Criminal Court has been mentioned under art.30 of the ROME STATUTE. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparently and clearly although it seeks to create a general rule for MENTAL ELEMENT of all crimes in the jurisdiction of the Court, and still, there are a lot of uncertainties on them. These uncertainties have challenged the interpretation and implementation of the MENTAL ELEMENT related issues in the Statute. Defining and separating primary and essential parts of a MENTAL ELEMENT within the art.30, this paper examines and discusses the relationship of these elements with the behavior, condition, and result of crimes within the jurisdiction of the Court.

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APA: Copy

GHIASI, JALALODIN, & MOHTARAM GHALATI, IMAN. (2018). THE ELEMENT-BASED ANALYSIS OF MENTAL ELEMENT OF INTENTIONAL FELONIES WHICH ARE WITHIN THE JURISDICTION OF ICC. CRIMINAL LAW RESEARCH, 6(21 ), 155-196. SID. https://sid.ir/paper/266566/en

Vancouver: Copy

GHIASI JALALODIN, MOHTARAM GHALATI IMAN. THE ELEMENT-BASED ANALYSIS OF MENTAL ELEMENT OF INTENTIONAL FELONIES WHICH ARE WITHIN THE JURISDICTION OF ICC. CRIMINAL LAW RESEARCH[Internet]. 2018;6(21 ):155-196. Available from: https://sid.ir/paper/266566/en

IEEE: Copy

JALALODIN GHIASI, and IMAN MOHTARAM GHALATI, “THE ELEMENT-BASED ANALYSIS OF MENTAL ELEMENT OF INTENTIONAL FELONIES WHICH ARE WITHIN THE JURISDICTION OF ICC,” CRIMINAL LAW RESEARCH, vol. 6, no. 21 , pp. 155–196, 2018, [Online]. Available: https://sid.ir/paper/266566/en

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