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Can The "Elements Of Crimes" Narrow Or Broaden Responsibility For Criminal Behaviour Defined In The Rome Statute?

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Chapter Summary

Crimes punishable under national or international law may be defined either in one of the two modes mentioned in the heading or alternatively, by mixing advantages and/or disadvantages of both. Elements of Crimes are concurring and partly or completely overlapping with the elements of crimes which are (expressly or conclusively) listed in the definitions of crimes in Articles 6, 7 and 8. The US proposed a draft similar to the present Article 9 of the Statute. This draft was presented on the 16 July 1998, i.e. the day before the end of the Rome Conference. This chapter highlights various aspects which may be relevance to a review and amendment of the Statute and the Elements. The Court faces a dual challenge with respect to the Elements of Crimes. The Court has to take notice of all Elements, their structure and their alleged consistency with the Rome Statute.

Keywords: Article 9; international law; Rome Statute



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