نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Intention is the critical dividing line between criminal behavior and other acts in violent conflict, and its precise determination separates justice from revenge. And it aims to analyze a key yet complex concept in international criminal law. And as the psychological element of major international crimes against civilians within the framework of international jurisdiction Within the framework of the research findings, it is shown that the International Criminal Court has faced profound evidentiary challenges in its jurisprudence in the field of establishing specific intent in the crime of genocide and distinguishing between direct intent and probable intent in war crimes and crimes against humanity. The Court’s jurisdiction also faces serious political and legal obstacles, including the non-membership of powerful states and the issuance of arrest warrants against heads of state, which makes it more difficult to prove intent in these complex contexts. The results are that although the Court has made great strides in developing the criteria for intent, However, to overcome the evidentiary challenges and strengthen its effectiveness, it requires further development of jurisprudence and unconditional support from the international community. This research, using an analytical-descriptive method and relying on library resources and reviewing the opinions of international courts, examines the different levels of intent in the Rome Statute, including direct intent, definite knowledge (probable intent), and informed knowledge
کلیدواژهها English