The concept of knowledge as a subjective element in the criminal offense of crimes against humanity

The subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a "...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autor principal:	Ševo Olivera
Formato:	article
Lenguaje:	EN SR
Publicado:	Bar Association of Vojvodina, Novi Sad 2021
Materias:	knowledge subjective element crime against humanity constructive knowledge willful blindness international criminal courts Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/cef01f6b3e874118a2fc9d06346edd70
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:cef01f6b3e874118a2fc9d06346edd70
record_format	dspace
spelling	oai:doaj.org-article:cef01f6b3e874118a2fc9d06346edd702021-12-05T21:03:26ZThe concept of knowledge as a subjective element in the criminal offense of crimes against humanity0017-09332683-596710.5937/gakv93-29475https://doaj.org/article/cef01f6b3e874118a2fc9d06346edd702021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2021/0017-09332102310Q.pdfhttps://doaj.org/toc/0017-0933https://doaj.org/toc/2683-5967The subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a "common" crime into a crime against humanity, the paper seeks to answer the question of whether knowledge of committing an act within such an attack is an independent subjective element and whether there is a unified position regarding the necessary content of knowledge in international criminal law. The paper is based on a linguistic, normative, systematic and comparative legal analysis of relevant provisions of international criminal law sources, a documentary analysis of sample judgments of the three most important international courts, as well as a case study that analyzes this subjective element in the legislation and case law of Bosnia and Herzegovina. The results of the research show that in terms of the independence of knowledge as a subjective element in crimes against humanity, there is a relatively consistent position in international criminal law, while in terms of the content of knowledge there is no such agreement.Ševo OliveraBar Association of Vojvodina, Novi Sadarticleknowledgesubjective elementcrime against humanityconstructive knowledgewillful blindnessinternational criminal courtsLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENSRGlasnik Advokatske komore Vojvodine, Vol 93, Iss 2, Pp 310-331 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	knowledge subjective element crime against humanity constructive knowledge willful blindness international criminal courts Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	knowledge subjective element crime against humanity constructive knowledge willful blindness international criminal courts Law in general. Comparative and uniform law. Jurisprudence K1-7720 Ševo Olivera The concept of knowledge as a subjective element in the criminal offense of crimes against humanity
description	The subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a "common" crime into a crime against humanity, the paper seeks to answer the question of whether knowledge of committing an act within such an attack is an independent subjective element and whether there is a unified position regarding the necessary content of knowledge in international criminal law. The paper is based on a linguistic, normative, systematic and comparative legal analysis of relevant provisions of international criminal law sources, a documentary analysis of sample judgments of the three most important international courts, as well as a case study that analyzes this subjective element in the legislation and case law of Bosnia and Herzegovina. The results of the research show that in terms of the independence of knowledge as a subjective element in crimes against humanity, there is a relatively consistent position in international criminal law, while in terms of the content of knowledge there is no such agreement.
format	article
author	Ševo Olivera
author_facet	Ševo Olivera
author_sort	Ševo Olivera
title	The concept of knowledge as a subjective element in the criminal offense of crimes against humanity
title_short	The concept of knowledge as a subjective element in the criminal offense of crimes against humanity
title_full	The concept of knowledge as a subjective element in the criminal offense of crimes against humanity
title_fullStr	The concept of knowledge as a subjective element in the criminal offense of crimes against humanity
title_full_unstemmed	The concept of knowledge as a subjective element in the criminal offense of crimes against humanity
title_sort	concept of knowledge as a subjective element in the criminal offense of crimes against humanity
publisher	Bar Association of Vojvodina, Novi Sad
publishDate	2021
url	https://doaj.org/article/cef01f6b3e874118a2fc9d06346edd70
work_keys_str_mv	AT sevoolivera theconceptofknowledgeasasubjectiveelementinthecriminaloffenseofcrimesagainsthumanity AT sevoolivera conceptofknowledgeasasubjectiveelementinthecriminaloffenseofcrimesagainsthumanity
_version_	1718371032470913024

The concept of knowledge as a subjective element in the criminal offense of crimes against humanity

Ejemplares similares