Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary

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Appendix
Request from the Governments of Belgium, Finland, Hungary, Mexico,
the Republic of Korea and South Africa and the Permanent Observer
Mission of Switzerland to the United Nations regarding the text
prepared by the International Committee of the Red Cross on the mental
element in the common law and civil law systems and on the concepts
of mistake of fact and mistake of law in national and international law*

PCNICC/1999/WGEC/INF.2/Add.4
15 December 1999–Original: English


Preparatory Commission for the International Criminal Court
Working Group on Elements of Crimes

New York

16-26 February 1999

26 July-13 August 1999

29 November-17 December 1999

Note verbale received on 15 December 1999 from the Permanent
Missions of Belgium, Finland, Hungary, Mexico, the Republic of Korea
and South Africa to the United Nations and the Permanent Observer
Mission of Switzerland to the United Nations addressed to the
Secretariat

The Permanent Missions of Belgium, Finland, Hungary, Mexico, the Republic of Korea and South Africa and the Permanent Observer Mission of Switzerland to the United Nations present their compliments to the Codification Division of the Office of Legal Affairs of the United Nations and have the honour to attach the text of a paper prepared by the International Committee of the Red Cross (see annex) in order to assist the Preparatory Commission in drafting a text on the elements of crimes for the Court. The material in the paper relates to the mental element in the common law and civil law systems and to the concepts of mistake of fact and mistake of law in national and international law.

The Permanent Missions of Belgium, Finland, Hungary, Mexico, the Republic of Korea and South Africa and the Permanent Observer Mission of Switzerland to the United Nations request the circulation of the present note verbale and its annex as a document of the Preparatory Commission.

* The annex to the present document is issued in the language of submission only. Other language
versions will be made available at a later date.

-487-

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