Abstract
Abstract Every instance of famine or acute food insecurity today is, at its core, man-made, and the current scale of consequential suffering and death is unprecedented in modern history. Deliberate starvation is a crime under international law, including under Article 8(2)(b)(xxv) of the Rome Statute. Notwithstanding, there has been a dearth of prosecutions of those suspected of committing the crime or engaging in any of the underlying conduct. The reasons for this neglect may be many, including a lack of clarity around the elements of the crime and particularly the mental elements that must be established. This article explores the challenges that might exist in investigating and prosecuting the crime of starvation and seeks to clarify its elements with a particular focus on the mens rea requirement under Article 8(2)(b)(xxv). The authors aim to draw a roadmap for practitioners to ensure better international recognition of the deliberate nature of starvation, and in order that attribution of fault and accountability become less elusive.
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