Risk and Mental Element

Can criminal responsibility for the most serious crimes of concern to the international community be established even if the agent lacked a clear awareness of the unlawful outcome? The answer to this crucial question depends on whether a criminal system views the mental element applicable to core international crimes as encompassing forms of risk-taking. The study explores the legal solutions that have been developed in Germany, the USA, before the UN ad hoc Tribunals and the ICC. The overarching goal of the survey is not only to provide a comprehensive overview of the legal landscape, but also to suggest ways in which existing accounts of responsibility can be revisited in light of the interplay of domestic and international courts in prosecuting core international crimes.