11- Criminal Law

Question 1

define actus reus

Answer 1

actus reus is the physical act that constitutes a crime.

Question 2

importance of actus reus

Answer 2

crucial in determinign when someone can legally be held responsible for a crime
helps draw the line between innocent behaviour and criminal conduct
helps ensure fairness by having an external act be evaluated.

Question 3

define mens rea

Answer 3

the mental state or intention while committing a crime. focuses on what the person was thinking/ intending

Question 4

importance of mens rea

Answer 4

acts as a safeguard against punishing those who committed a crime unintentionally or without criminal intent
prevents unjust convictions
provides a comprehensive framework to assess liability

Question 5

Article 30 of the Rome Statute - Mental Element

Answer 5

To be held accountable for a crime, the person must have intended to commit the act and must have reasonably known about the consequences of their actions.

Question 6

define command responsibility

Answer 6

superiors are responsible for crimes committed by those under their command. IF they knew the crimes were being committed (1), they didn’t take measures to prevent it, or didn’t submit it for investigation

Question 7

Superior Orders (AKA Nuremberg Defense)

Answer 7

seeks to determine the level of accountability of people who commit crimes by following the orders of their superiors.

Question 8

is superior orders a valid defense? (3)

Answer 8

it is NOT a valid defense UNLESS
1. the person was legally obliged to obey ACC to the chain of command
2. the person did NOT know it was illegal
3. the order was NOT manifestly lawful

Question 9

Orders to commit genocide, and crimes against humanity are always unlawful.
TRUE/ FALSE

Answer 9

TRUE

Question 10

origins of the word genocide

Answer 10

Conceived during WW2 by Raphael Lemkin to describe the particulate nature of the Holocaust- which wasn’t being captured by existing international criminal law.

Question 11

define genocide

Answer 11

intent to destroy a national, ethnic, racial, or religious group.
There has to be an INTENT to destroy the group targeted.

Question 12

important principles of genocide (3)

Answer 12

1) in hole or in part -> has to be both a sizeable number, and a sizeable portion of the population.
2) actus reus/ men’s rea -> both the overt act and the intent need to be present.
3) protected groups -> don’t include political or socioeconomic groups.

Question 13

define crimes against humanity

Answer 13

various actions that severely violate the dignity of individuals and cause significant harm.

Question 14

conditions for a crime against humanity (3)

Answer 14

1. widespread and systematic (isolated acts don’t count)
2. carried out against a civilian population
3. part of government policy OR tolerated

Question 15

where does the distinction btw crimes against humanity and genocide lie in?

Answer 15

The distinction lies in the mens rea.
-> Genocide requires the specific intent to destroy a group based on their identity.
-> Crimes against humanity don’t require the specific intent to destroy a particular group.

Question 16

define apartheid

Answer 16

Institutionalized acts committed to maintain domination by one racial group over another group.

Question 17

conditions for apartheid

Answer 17

1. denial of basic hr based on race
2. institutionalized regime
3. widespread oppression/ segregation