Article Comparison - Elements of Crimes of the International Criminal Court [*]
With respect to the last element listed for each crime:
–The term “in the context of” would include the initial acts in an emerging pattern;
–The term “manifest” is an objective qualification;
–Notwithstanding the normal requirement for a mental element provided for in article 30, and recognizing that knowledge of the circumstances will usually be addressed in proving genocidal intent, the appropriate requirement, if any, for a mental element regarding this circumstance will need to be decided by the Court on a case- by- case basis.