International criminal Law.

It is a branch of public international law which deals with

principles, norms regulations and conducts about international criminal justice system. It
deals with attaining criminal justice internationally. This law deals with bringing
international perpetrator into hands of justice. There are offences which are dealt with in
this kind of law. There are major offences which are dealt with in this law. They are
provided under article 51 of Rome Statute of the International Criminal Court. These are
the crime of genocide, crimes against humanity, war crimes and the crime of aggression.
Each of these offences has its own elements as described in the Elements of Crimes
manual by International Criminal Court.

Elements of International Criminal offences.

The following are elements of each of the International criminal offences

Genocide
Is an offence which generally aims at destroying a whole part or a part of a certain
group of people basing on their national origin, ethnical, racial or religious group. It is
described in Article 6 2 to mean any act aimed at destroying in whole or in part a national,
ethnical, racial or religious group. Genocide can be any of the these acts, killing members
of the group, causing serious bodily or mental harm to members of the group, deliberately
inflicting on the group condition of life calculated to bring about its physical destruction
in whole or in part imposing measures intended to prevent births within the group, and
forcibly transferring children of the group to another group.

Elements of Genocide in general.

For an act to be genocide, the two important elements should be considered. These are a
mental element and physical element as explained in Article II of the Genocide
Convention. A mental element includes the intention to destroy in a whole or in part, a
national ethnical ,racial or religious group. Where a physical element includes the five
acts which constitute to five forms of genocide as explained in Article 6 of the Rome
Statute of the International Criminal Court. In the case of Prosecutor v Bagilishema Case
No.ICTR-95-1A-T( Trial Chamber), June7, 2001.The Chamber considers that a crime of
genocide is proven if it’s established beyond reasonable doubt firstly, that one of the act
listed under Article 2 (2)3of the Statute was committed and secondary that this Act was
committed against a specifically targeted national, ethnical, racial or Ethnical group with
specific intent to destroy whole or in part that group.

Crimes against Humanity.

This is an international criminal offence explained in Article 7 of the Rome Statute
meaning any act committed as part of widespread or systematic attack directed against

1 Rome Statute of the International Criminal Court

2 Rome Statute of the International Criminal Court
3 Article II of Genocide, United Nations
 any civilian population with knowledge of the attack. This acts includes murder,
extermination, enslavement, deportation or forcible transfer of population.

General Elements of Crimes against Humanity.

According to Article 7 of Rome Statute crimes against humanity as defined there, the
main three elements which are contextual element, physical element and mental the same
Physical element means any of the act as mentioned in paragraphs of Article 7(a-k).
Contextual element means “when committed as part of widespread or systematic attack
directed against any civilian population” and the mental element “with knowledge of the
attack” In the contextual element, crimes against humanity involves either large scale
violence in relation to the number of victims or extension over a broad geographic area or
a methodical type of violence. This excludes random, accidental or isolated acts of
violence.

War Crimes
As defined in the Article 8(2) of Rome Statute to mean Grave breaches of Geneva
Convention of 12 August 1949, namely any of the following acts against persons property
protected under the provisions of relevant Geneva Convention4. These are willful killing,
torture, inhuman treatment, biological experiments, willfully causing great suffering ,
destruction and appropriation of property, compelling service in hostile forces, denying a
fair trial, unlawful deportation and transfer and taking hostages.

Elements of War Crimes.

War crimes contain two elements which are contextual element and mental element. In
contextual element, the conduct took place in a context of and was associated with ban
international or non international armed conflict. Where mental element means an intents
and knowledge both with regards to the individual act and the contextual element.
Crimes of Aggression.
This offences has been explained in Article 8 bis³ (1) of the Rome Statute to mean the
planning, preparation, initiation or execution, by a person in position effectively exercise
control over or to direct the political or military action of state of an act of aggression
which by its character , gravity and scale , constitutes a manifest violations of the Charter
of the United Nations 5. The Act of aggression itself means the use of armed force by the
state against the sovereignty, territorial integrity or political independence of another
State, or in any other manner inconsistent with the Charter of the United Nations.
Elements of Crimes of Aggression.
These elements are that,

4 1949
5 1945
The perpetrator planned, prepared initiated all executed an act of aggression
.The perpetrator was a person in position effectively to exercise control over or to direct
the political or military action of the state which committed the act of aggression.
.The act of aggression the use of armed force by state against, territorial integrity or
political independence of another State or in any other manner inconsistent with the
character of the united nation was committed.
. The perpetrator was aware of the factual circumstances that established try at such use
of armed force was inconsistent with character the united nations
. The act of aggression by its character, gravity and scale, constituted a manifest violation
of the character of the united nation
. The perpetrator was aware of the factual circumstances that established such a manifest
violation of the united nation.