By Benjamin Duerr*
The ICC Dictionary is a guide for everyone interested in the proceedings in The Hague. It contains almost 200 of the most important terms and concepts with short explanations in alphabetical order. Justice Hub is presenting a selection of some of the terms highlighted by the Dictionary.
Mens rea: Mens rea is the subjective element of a crime. The Latin term for “guilty mind” refers to a person's intention to commit a crime or the knowledge that a crime is being committed. In this regard “mens rea” should be seen in contrast to accidentally killing another person or committing a crime under hypnosis. In order to establish criminal liability, the existence of a “guilty mind” (mens rea) and of a “guilty act” (actus reus) needs to be proved.
Modes of liability: Mode of liability refers to the method or way in which a person commits a crime. The mode of liability plays a role for the determination of the sentence. Different forms are for example aiding and abetting, ordering or instigating.
Moscow Declaration: The Moscow Declaration is a document that was signed by the United States, the United Kingdom and the Soviet Union on 8 October 1943. Part of the declaration was the “Statement on Atrocities” in which the Allied Powers expressed their willingness to put Germans on trial.
Motion: A motion is a legal instrument to raise a specific issue. A party can file a motion to request a decision by the judges on a specific question.
Have a look at the other letters: A
and the Numbers 1-10
*Benjamin Duerr is a correspondent and foreign reporter covering the International Criminal Court and the war crimes tribunals in The Hague.