This is an endeavour to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of the world's major
legal systems and the jurisprudence of international criminal tribunals. The study also examines the general principles that underlie the various approaches to the subjective element
required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element.
Mohamed Elewa Badar is a Reader in Comparative and International Criminal Law & Islamic Law at Northumbria University. From 1997-2006 he served as a judge and senior prosecutor for the Egyptian Ministry of Justice.
Foreword William A Schabas Preface 1. Introduction 2. From Vengeance to Mens Rea to Mentes Reae 3. Mens Rea in the Common Law of England and Wales, Australia and Canada 4. Mens Rea in the American Law Institute's Model Penal Code 5. Mens Rea in German and French Criminal Law 6. Mens Rea in Chinese and Russian Criminal Law 7. Mens Rea in Islamic Criminal Law 8. Mens Rea in post-World War II Trials, the Travaux Preparatoire of the Genocide Convention and the Work of the International Law Commission 9. Mens Rea of Crimes in the Jurisprudence of the the Former Yugoslavia and Rwanda 10. The Mens Rea of Perpetration and Participation in the Jurisprudence of the ICTY and ICTR 11. Mens Rea in the Jurisprudence of the International Criminal Court 12. General Conclusions and Recommendations