GENOCIDE AS INTERNATIONAL CRIME: CORPUS DELICTI ANALYSIS
Rubrics: INTERNATIONAL LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
16.06.2016
Accepted:
05.07.2016
Published:
05.07.2016
Language:
Russian
Keywords:
international crime, genocide, corpus delicti, actus reus, mens rea.
Abstract (English):
This paper is devoted to the issues of international criminal responsibility for the crime of genocide. The author explores the corpus delicti of it and draws attention to the problem of bringing the guilty persons to international responsibility. The author examines in detail individual acts constituting the corpus delicti: the murder of members of any national, ethnic, racial or religious group, causing serious bodily or mental harm to the members of such group, deliberate creation of such living conditions which are meant for total or partial physical destruction of the group; imposing measures intended to prevent childbirth within the group; forcible transfer of children from one human group to another. Special attention is paid to the problem of describing the individual elements of an act. The author supports all theoretical conclusions by examples from the practice of the International Criminal Court.
This paper is devoted to the issues of international criminal responsibility for the crime of genocide. The author explores the corpus delicti of it and draws attention to the problem of bringing the guilty persons to international responsibility. The author examines in detail individual acts constituting the corpus delicti: the murder of members of any national, ethnic, racial or religious group, causing serious bodily or mental harm to the members of such group, deliberate creation of such living conditions which are meant for total or partial physical destruction of the group; imposing measures intended to prevent childbirth within the group; forcible transfer of children from one human group to another. Special attention is paid to the problem of describing the individual elements of an act. The author supports all theoretical conclusions by examples from the practice of the International Criminal Court.
Keywords:
international crime, genocide, corpus delicti, actus reus, mens rea.
international crime, genocide, corpus delicti, actus reus, mens rea.
1. Cryer R., Friman H., Robinson D., Wilmshurts E. International Criminal Law and Procedure. Cambridge University Press, 2007.
2. Quigley J. The Genocide Convention: an International Law Analysis. 2006.
3. Shestaya assambleya gosudarstv - uchastnikov Statuta MUS. ICC-ASP/6/INF.2.
