Part 5 Offences under domestic law

Introduction

50 Meaning of “genocide”, “crime against humanity” and “war crime”

(2) In interpreting and applying the provisions of those articles the court shall take into account—
(a) any relevant Elements of Crimes adopted in accordance with article 9, and
(b) until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June 2000.
(3) The Secretary of State shall set out in regulations the text of the Elements of Crimes referred to in subsection (2), as amended from time to time.

Part 5 Offences under domestic law

Supplementary provisions

66 Mental element

(2) Unless otherwise provided by—
(a) the articles mentioned in the definition in section 50(1) of the crimes specified in subsection (1)(a) to (c) above, or any relevant Elements of Crimes (see section 50(2)),
a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

SCHEDULES

SCHEDULE 8 Genocide, crimes against humanity and war crimes: articles 6 to 9

ARTICLE 9 ELEMENTS OF CRIMES

1 Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
2 Amendments to the Elements of Crimes may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute majority;
(c) The Prosecutor.
Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
3 The Elements of Crimes and amendments thereto shall be consistent with this Statute.

This provision follows the ICC Statute.

The Elements of Crimes are transposed into English law by the The ICC Act 2001 (Elements of Crimes) (No. 2) Regulations 2004. The UK court must take this into account when interpreting the crimes set out in the Rome Statute. The elemnts are crucial to the mental element for offences, because unless they say otherwise the accused must be shown to have had knowledge and intent as a mental element.