'Mental element' in document 'New Zealand - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

General principles of criminal law

12.
General principles of criminal law—

(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 11,—

(a)the following provisions of the Statute apply, with any necessary modifications:

(viii)article 30 (which relates to the mental element of crimes):

RELEVANT ROME STATUTE PROVISIONS

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.