3. General Introduction adoptedDuring the negotiations it became apparent that there are certain issues
that arise in all crimes and are worth clarifying. But these do not necessarily qualify as elements. Therefore the PrepCom decided that a general
introduction applicable to all crimes1 should precede the section on the
elements of particular crimes.The relationship between the crimes and general principles of criminal
law presented the Working Group on Elements of Crimes with a particularly
difficult drafting problem. Long discussions on this issue were held during
an intersessional meeting convened for this purpose by the government of
Italy and the International Institute of Higher Studies in Criminal Sciences,
in Siracusa, Italy. The results of the Siracusa meeting provided a useful basis
for the discussions at the March 2000 session of the PrepCom,2 which
tentatively agreed on the General Introduction. This text was confirmed
with slight modifications during the final session of the PrepCom in June
2000. It reads as follows:3
by the PrepCom
|1. ||Pursuant to article 9, the following Elements of Crimes shall
assist the Court in the interpretation and application of articles 6, 7 and
8, consistent with the Statute. The provisions of the Statute, including
article 21, and the general principles set out in Part 3 are applicable to
the Elements of Crimes.|
|2. ||As stated in article 30, unless otherwise provided, a person shall
be criminally responsible and liable for punishment for a crime within
the jurisdiction of the Court only if the material elements are committed
with intent and knowledge. Where no reference is made in the Elements|
1 Henceforth 'General Introduction'.
2 See report reproduced in PCNICC/2000/WGEC/INF.1 of 10 March 2000.
3 The finalised draft text is reproduced in PCNICC/2000/1/Add.2 of 2 November 2000.
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary.
Contributors: Knut DÖrmann - Author, Louise Doswald-Beck - Author, Robert Kolb - Author.
Publisher: Cambridge University Press.
Place of publication: New York.
Publication year: 2003.
Page number: 9.
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