Overview

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. 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. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. 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.

Full Product Details

Author:   Mohamed Elewa Badar (Northumbria University, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.30cm , Length: 23.40cm
Weight:   0.912kg
ISBN:  

9781841137605

ISBN 10:   184113760
Pages:   540
Publication Date:   30 January 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Foreword William A Schabas Preface 1. Introduction 2. From Vengeance to Mens Rea to Mentes Reae 3. Mens Rea in the Common Law of England and Wales, Australia and Canada 4. Mens Rea in the American Law Institute's Model Penal Code 5. Mens Rea in German and French Criminal Law 6. Mens Rea in Chinese and Russian Criminal Law 7. Mens Rea in Islamic Criminal Law 8. Mens Rea in post-World War II Trials, the Travaux Préparatoire of the Genocide Convention and the Work of the International Law Commission 9. Mens Rea of Crimes in the Jurisprudence of the the Former Yugoslavia and Rwanda 10. The Mens Rea of Perpetration and Participation in the Jurisprudence of the ICTY and ICTR 11. Mens Rea in the Jurisprudence of the International Criminal Court 12. General Conclusions and Recommendations

Reviews

The text has been exhaustively researched and fluently written. It contains a most thorough and comprehensive review of the varying conceptions of the mental elements of crimes at the national level. ... an invaluable resource for both academics and students of international criminal law. In addition, practitioners of international criminal law will, no doubt, rely on the information and analysis contained therein in their daily work. Noelle Higgins International Human Rights Law Review Issue 2, 2013 The outstanding feature of the book is its broad analysis of the substantive law of several major legal jurisdictions which reveals the much sought after universal value in such a diverse criminal justice system. Megumi Ochi Journal of International Criminal Justice Issue 4, 2013

A parere di chi scrive, in conclusione, il pregio maggiore del lavoro di Badar risiede nella vastita davvero notevole dei materiali plurilingue che Egli e riuscito a raccogliere ed a sistematizzare, soffermandosi pure sulla disciplina della mens rea in alcune tradizioni extra-occidentali finora poco o affatto conosciute alla comunita internazional-penalistica. Sara Porro Indice Penale Volume XVI, No. 2 The text has been exhaustively researched and fluently written. It contains a most thorough and comprehensive review of the varying conceptions of the mental elements of crimes at the national level. ... an invaluable resource for both academics and students of international criminal law. In addition, practitioners of international criminal law will, no doubt, rely on the information and analysis contained therein in their daily work. Noelle Higgins International Human Rights Law Review Issue 2, 2013 The outstanding feature of the book is its broad analysis of the substantive law of several major legal jurisdictions which reveals the much sought after universal value in such a diverse criminal justice system. Megumi Ochi Journal of International Criminal Justice Issue 4, 2013

Author Information

Dr Mohamed Elewa Badar is a Reader in Comparative and International Criminal Law & Islamic Law at Northumbria University. From 1997-2006 he served as a judge and senior prosecutor for the Egyptian Ministry of Justice.

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