International Criminal Law and Philosophy (ASIL Studies in International Legal Theory)

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The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element.


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This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law.

In this endeavour, Dr Badar's researches have much to offer us.

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Foreword William A Schabas Preface 1. Introduction 2.

About the Publisher

Mens Rea in Islamic Criminal Law 8. General Conclusions and Recommendations.

Individual Criminal Responsibility, International Criminal Court Explained

It contains a most thorough and comprehensive review of the varying conceptions of the mental elements of crimes at the national level. In addition, practitioners of international criminal law will, no doubt, rely on the information and analysis contained therein in their daily work. Professor Badar reveals the confusion surrounding mens rea at the international level and proposes to lend some clarity to the concept through comparative analysis.

The book makes an important contribution to the literature through its very comprehensive review of mens rea law in many of the word's national legal systems and at international criminal courts and tribunals.

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