Article Comparison - Elements of Crimes of the International Criminal Court [*]

Article 6
Genocide

Introduction

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.