THE SUBJECTIVE LAW OF INTERNATIONAL CRIME

Oleg BURLACU Universitatea de Stat din Moldova

Abstract

The present paper aims to identify, within the framework of international crimes, the constituent element of the international crimes’ subjective side. Starting from the premise that the subjective side encompasses all conditions regarding the psychical attitude of the perpetrator towards the objectivity of his act of conduct, a condition required by law for this act to constitute an offense, it has been attempted to show that, in any international crime, an essential factor is the attitude of the actor's consciousness towards the action or inaction that constitutes an offense, towards the immediate consequence and of the causal link between them. The essential element of the subjective side is the guilt, guilt that embraces various forms in the states’ internal rights, but in the subject matter of the analysis it has been shown that the only form of existing guilt is the intention. This intention is due to the serious and dangerous nature of the facts, facts that are committed under certain conditions, on masses of people, with special effects and obvious danger, thus committing an international crime involves a great complexity and the engagement of some particular forces, which can only happen with a willful manifestation of the deeds’ author. It has been shown that no matter how complex every international crime is, the common element in all said crimes is the manifestation of guilt in the form of intent, for which they are regulated distinctly, precisely because of the high degree of social danger.

Keywords: international criminal law, international offense, international crime, subjective side, guilt, intent, fault, genocide, murder against humanity, war crime, aggression murder.