Crime Elements Flashcards
1
Q
Genocide Elements
A
- Actus reus: violence, murder, relocation;
- Mens rea: (highest of any crime) intent to wipe out in whole or in part, eliminate or exterminate -> “in part” refers to a limited territory, reach, space where the perpetrator had control.
(Ex: Nazi policies only reached genocide level when deciding the final solution in 1941 at the Wannsee conference). - Targets a group based on (1) nationality, (2) race, (3) ethnicity, or (4) religion.
2
Q
Crimes Against Humanity Elements
A
- Actus reus: enumerated acts in Art. 7;
- Mens rea: that form part of a widespread and systematic attack against a civilian population; and
- The perpetrator has to know that this is part of a widespread and systematic attack.
3
Q
War Crimes Values
A
Three values:
- Discrimination: separate/differentiate between combatants and civilians. You must be discriminatory in your method of warfare (civilians ≠ be targets).
- Proportionality: violence must be proportional to threat/violence that the enemy poses. Narrowly tailored. (Ex: US behavior in WWII would fail here).
- Humanity: no use of inhumane weapons.
4
Q
Crimes of Aggression Situations
A
When is it legal to wage war:
- Security Council: the UN Security Council authorizes the use of force under Art. 39 and Art. 42 (threat to int’l peace and security and forcible measures respectively) of the UN Charter, when there is breach of peace, threats to peace, and an act of aggression.
- Self-Defense: Art. 51 UN Charter armed force is legal when under in self-defense (that is when there is an actual attack or an imminent threat of force).
