Publication Title

Washington University Global Studies Law Review


This article begins to imagine future directions of the International Criminal Court. The article focuses on exploring the mens rea of the crime of aggression. The starting point for this exploration of the mens rea of the crime of aggression is its elements. The elements are an official ICC document clarifying the culpable mental state that applies to each aspect of the conduct, consequences, and circumstances constituting the crime. They are meant to “assist the Court in the interpretation and application” of the Rome Statute. According to Professor Roger Clark, the elements have been “central to the way the Chambers have been going about their tasks.”