Table of contents:
M.4. The perpetrator intended that the crime would be committed.
M.4.2. The perpetrator meant to cause the consequence of crime through another person; OR
M.4.3. The perpetrator was aware that the consequence will occur in the ordinary course of events.
M.4.4. The perpetrator was aware of the circumstance of the crime
Element:
M.4. The perpetrator intended that the crime would be committed.
A. Evidentiary comment:
The perpetrator must have a "double intent", that is, intent in relation to his or her own conduct and that of the agent (Elies Van Sliedregt, The Criminal Responsibility of Individuals for Violations of International Humanitarian Law (2003), p. 78).
M.4.2. The perpetrator meant to cause the consequence of crime through another person; OR
A. Evidentiary comment:
With regard to his or her own conduct, the instigator must exert his or her influence with intent and knowledge. This means that the intent of the instigator must be directed at causing the principal to commit the crime. (A. Eser in A. Cassese, P. Gaeta and J.R.W.D. Jones (eds.), The Rome Statute of the International Criminal Court, vol. 1, p. 797.)
The intent of the perpetrator must also be concrete in the sense of being directed at a certain crime and a certain direct perpetrator. (A. Eser in A. Cassese, P. Gaeta and J.R.W.D. Jones (eds.), The Rome Statute of the International Criminal Court, vol. 1, p. 797).
M.4.3. The perpetrator was aware that the consequence will occur in the ordinary course of events.
M.4.4. The perpetrator was aware of the circumstance of the crime
