MENTAL ELEMENTS UNDER ARTICLE 30 OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: A COMPARATIVE ANALYSIS

The Rome Statute of the International Criminal Court is the first international instrument that includes a general provision on the mental element required before criminal responsibility for an international crime attaches (Article 30). This article analyses that provision from a comparative perspective, drawing on common law and civil law understandings of intent. It analyses the jurisprudence and commentary concerning Article 30 in detail, and attempts to draw some conclusions as to what aspects of the common law and civil law concepts of intent are covered by it.