PART 1
OFFENCES

8 Mental element

(1) References in this Part of this Act to a person committing—
genocide ;
a crime against humanity ;
a war crime ; or
any of the acts mentioned in article 70.1 (offences against the administration of justice),
shall be construed in accordance with this section.

(2) Unless otherwise provided by—
the articles mentioned in the definition in section 1(4) of this Act of the crimes specified in subsection (1)(a) to (c) above ;
any relevant Elements of Crimes ;
section 4(1) of this Act or article 70.1 ; or
section 5 of this Act,
a person shall be regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

(3) For the purposes of subsection (2) above—
(a) a person has intent
in relation to conduct, where the person means to engage in the conduct ; and
in relation to a consequence, where the person means to cause the consequence or is aware that it will occur in the ordinary course of events ; and
(b) "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

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.