Part 1

Offences

Supplementary provisions

Mental element
8
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.