Chapter 4. The Overlap Of The Psychological Element: Mens Rea V. Fault

Abstract

Turning to the psychological element of international crimes, international practice shows that this can represent another important point of contact between aggravated state responsibility and individual criminal liability. This element is normally qualified as mens rea under international criminal law, and as fault with respect to state responsibility. This chapter briefly concentrates on the more controversial definition of the psychological element under the law of state responsibility, and the way in which the relationship between state and individual responsibility with respect to this element can be abstractly conceived of. It then examines the relevant international practice focusing only on those international crimes that require such an element to be met under both state and individual responsibility.Keywords: aggravated state responsibility; individual criminal liability; international crimes; international criminal law; international practice; mens rea; psychological element