{"product_id":"9781841137605","title":"The Concept of Mens Rea in International Criminal Law : The Case for a Unified Approach","description":"\u003cstrong\u003eThe Concept of Mens Rea in International Criminal Law\u003c\/strong\u003e\u003cbr\u003e\u003cb\u003eAuthor(s): Mohamed Elewa Badar\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e\u003cp\u003eThe 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.\u003cbr\u003e\u003cbr\u003eThe 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.\u003cbr\u003e\u003cbr\u003eWith a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark \u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003eFrom the Foreword by William Schabas\u003cbr\u003eMohamed 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.\u003cbr\u003e\u003cbr\u003eFrom the Epilogue by Professor Roger Clark\u003cbr\u003eThis 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.\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003eReview(s):\u003cbr\u003e\u003cp\u003e“A parere di chi scrive, in conclusione, il pregio maggiore del lavoro di Badar risiede nella vastità davvero notevole dei materiali plurilingue che Egli è riuscito a raccogliere ed a sistematizzare, soffermandosi pure sulla disciplina della mens rea in alcune tradizioni extra-occidentali finora poco o affatto conosciute alla comunità internazional-penalistica.” —\u003ci\u003eIndice Penale, Volume XVI, No. 2\u003c\/i\u003e\u003cbr\u003e\u003cbr\u003e“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.\u003cbr\u003e... 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.” —\u003ci\u003eInternational Human Rights Law Review, Issue 2\u003c\/i\u003e\u003cbr\u003e\u003cbr\u003e“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.” —\u003ci\u003eJournal of International Criminal Justice, Issue 4\u003c\/i\u003e\u003cbr\u003e\u003cbr\u003e“Frankly if one had only one book on the principle of mens rea this would be the one to consider as it is not just an academic work, but a practitioner's manual on conceptualizing the full gaunt of this critically important doctrine.” —\u003ci\u003eASIL Cables\u003c\/i\u003e\u003cbr\u003e\u003cbr\u003e“In reading Mohamed Elewa Badar's remarkably comprehensive book about the concept of \u003ci\u003emens rea\u003c\/i\u003e in national and international criminal laws, I kept thinking how thrilled I would have been to discover such a book while working at the ICTY. Professor Badar reveals the confusion surrounding \u003ci\u003emens rea\u003c\/i\u003e at the international level and proposes to lend some clarity to the concept through comparative analysis.\u003cbr\u003e\u003cbr\u003e  The book makes an important contribution to the literature through its very comprehensive review of \u003ci\u003emens rea\u003c\/i\u003e law in many of the word's national legal systems and at international criminal courts and tribunals. \u003cbr\u003e\u003cbr\u003e  The book provides an impressive level of detail with regard to many of the systems it reviews, elucidating not only dominant trends in thinking about mens rea but also conflicts within legal systems. The book also contains some helpful comparative analysis, including, for instance, tables that compare approaches among common law systems. The book's exploration of the international criminal law jurisprudence concerning \u003ci\u003emens rea\u003c\/i\u003e is also impressively comprehensive.\u003cbr\u003e\u003cbr\u003e  ...an invaluable resource for practitioners and judges seeking to develop the concept of \u003ci\u003emens rea\u003c\/i\u003e in international criminal law. It's rich descriptions of national and international approaches to \u003ci\u003emens rea\u003c\/i\u003e facilitate discussion of the most appropriate approaches to the mental elements of international crimes. Just as I would have benefitted greatly from a book of this nature when I worked at the ICTY in 1997, the work of international criminal law practitioners, scholars, and teachers will be enhanced by exposure to Professor Badar's extensive research.” —\u003ci\u003eCriminal Law and Criminal Justice Book Reviews, May 2014\u003c\/i\u003e\u003cbr\u003e\u003cbr\u003e“...a very impressive and comprehensive work, strong in all analytical, comparative and dogmatic senses...This book must be strongly recommended to anyone who teaches, researches, or practises in the area of international criminal law or comparative criminal justice.” —\u003ci\u003eGerman Yearbook of International Law, Volume 56, 2013\u003c\/i\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003eISBN:  9781841137605\u003cbr\u003e\u003cbr\u003e ","brand":"Hart Publishing","offers":[{"title":"Hardback","offer_id":40735865307342,"sku":"9781841137605","price":160.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0600\/7029\/7806\/products\/getimage_fab9b9c1-06fd-4459-a30d-371d6ef251ea.jpg?v=1641274638","url":"https:\/\/pickwickbookshop.com\/products\/9781841137605","provider":"Pickwick Bookshop","version":"1.0","type":"link"}