Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Chapter 4. The Overlap Of The Psychological Element: Mens Rea V. Fault

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Turning to the psychological element of international crimes, international practice shows that this can represent another important point of contact between aggravated state responsibility and individual criminal liability. This element is normally qualified as mens rea under international criminal law, and as fault with respect to state responsibility. This chapter briefly concentrates on the more controversial definition of the psychological element under the law of state responsibility, and the way in which the relationship between state and individual responsibility with respect to this element can be abstractly conceived of. It then examines the relevant international practice focusing only on those international crimes that require such an element to be met under both state and individual responsibility.

Keywords: aggravated state responsibility; individual criminal liability; international crimes; international criminal law; international practice; mens rea; psychological element



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Relationship Between State and Individual Responsibility for International Crimes — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation