"Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide

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This paper discusses a research investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide. This paper focuses on doctrinal controversies and examines how genocide is and has been addressed by modern tribunals, with special emphasis on the subjective mens rea (mental element) required for genocide.

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21 p.

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Jung, Andrew M. & King, Kimi L. March 30, 2006.

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This paper is part of the collection entitled: UNT Scholarly Works and was provided by UNT Honors College to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 1827 times , with 28 in the last month . More information about this paper can be viewed below.

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  • Main Title: "Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide
  • Series Title: University Scholars Day

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Description

This paper discusses a research investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide. This paper focuses on doctrinal controversies and examines how genocide is and has been addressed by modern tribunals, with special emphasis on the subjective mens rea (mental element) required for genocide.

Physical Description

21 p.

Notes

Abstract: Genocide has been described as “the Crime of Crimes” and has been a plague imposed from one society onto another as long as societies have existed. Even though genocide perpetration has a long history, prosecution of genocide as a crime under international criminal law is a relatively novel idea. Genocide, as codified, has two distinct elements: theactus reus, or physical actions that constitute the crime; and the mens rea, or the mental state of the perpetrator. Although these physical actions are easy to define and analyze, the mental element is nebulous and has been subject to widely varying interpretations. Through examination of UN tribunal cases, as well as through interviews with actors of the International Criminal Tribunal for the Former Yugoslavia, I examined the concept of genocidal mens rea and how it has been interpreted and applied in trials. I have found that the Command Responsibility and Joint Criminal Enterprise doctrines are being used frequently in genocide cases, but contradict the specific intent necessary for the crime. Additionally, these doctrines are being used in some of the highest profile cases at the ICTY, yet main tribunal actors remain unsure as to their proper use and scope. I argue that unless these doctrines are managed properly, the mens rea requirement of genocide will be circumvented, and “the Crime of Crimes” degrades into another problematic legal issue that lacks the clarity and sound jurisprudence necessary to be effective both as a tool of future international tribunals and a deterrent to future crimes.

Third Annual University Scholars Day, 2006, Denton, Texas, United States.

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  • The Eagle Feather, 2006, Denton: University of North Texas. Honors College

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  • Publication Title: The Eagle Feather
  • Issue: 2012
  • Volume: 9
  • Peer Reviewed: Yes

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  • "Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide [Presentation], ark:/67531/metadc86879

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UNT Scholarly Works

Materials from the UNT community's research, creative, and scholarly activities and UNT's Open Access Repository. Access to some items in this collection may be restricted.

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"Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for Genocide [Presentation] (Presentation)

"Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for Genocide [Presentation]

Presentation for the 2006 University Scholars Day at the University of North Texas discussing a research investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide.

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"Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide [Presentation], ark:/67531/metadc86879

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  • March 30, 2006

Added to The UNT Digital Library

  • May 18, 2012, 10:45 a.m.

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  • Nov. 21, 2017, 8:26 p.m.

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Jung, Andrew M. & King, Kimi L. "Actus non facit reum, nisi mens sit rea": An investigation into the treatment of mens rea in the quest to hold individuals accountable for genocide, paper, March 30, 2006; [Denton, Texas]. (digital.library.unt.edu/ark:/67531/metadc84320/: accessed December 15, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Honors College.