الطبيعة القانونية للعناصر المكونة للجريمة الدولية

Abstract EN

It might be expedient at the outset to compare international crimes with internal crimes in terms of their elements.

According to the general principles of the criminal comparative law, these crimes share fundamental elements such as the material element actus reus, which consists of three components: the Condit, the consequences and causation.

This element plays a key role in many international crimes such as the crime of aggression, crimes against humanity and war crimes.

However, it does not play any role in genocide.

The second element is the mental element, or men’s rues that represents the common element in internal and international crimes, especially for the genocide crime.

The standard requirements for this element in the two crimes are the intent and knowledge.

Under international Is, individual responsibility requires a certain state of mind on the part of the perpetrator which must accompany the illegal act whether positive or negative, it is also recognized as a perquisite for criminal responsibility.

The third element is the element that is often called the legitimacy law which is referred to by law scholars as the international element.

This is due to the fact that for an act to be considered an international crime, it must be prohibited by an international convention or by other written international instruments ٣ charters.

This is because incriminating an act according to the international criminal law or the national law is based on the principle no incriminatfo.fi without a written law”.

This means that analogy or unwritten laws do not count in international law.