Part 1 Offences

8 Mental element

1

References in this Part of this Act to a person committing—

a

genocide;

b

a crime against humanity;

c

a war crime; or

d

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—

a

the articles mentioned in the definition in section 1(4) of this Act of the crimes specified in subsection (1)(a) to (c) above;

b

any relevant Elements of Crimes;

c

section 4(1) of this Act or article 70.1; or

d

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—

i

in relation to conduct, where the person means to engage in the conduct; and

ii

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.