CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
PART 5 — GENERAL ELEMENTS OF AN OFFENCE
Division 3 — Fault Elements of an Offence
Fault elements
18.— (1) A fault element for a particular physical element may be intention, knowledge, recklessness or negligence.
(2) Sub-section (1) does not prevent a law that creates a particular offence from specifying other fault elements for a physical element of that offence.
CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
PART 5 — GENERAL ELEMENTS OF AN OFFENCE
Division 3 — Fault Elements of an Offence
Recklessness
21.—(1) A person is reckless with respect to a circumstance if—
(a) he or she is aware of a substantial risk that the circumstance exists or will exist ; and
(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.
(2) A person is reckless with respect to a result if—
(a) he or she is aware of a substantial risk that the result will occur ; and
(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.
(3) The question whether taking a risk is unjustifiable is one of fact.
(4) If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element.
CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
PART 5 — GENERAL ELEMENTS OF AN OFFENCE
Division 3 — Fault Elements of an Offence
Offences that do not specify fault elements
23. — (2) If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element.
CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
PART 8 — CORPORATE CRIMINAL RESPONSIBILITY
Fault elements other than negligence
53.— (1) If intention, knowledge or recklessness is a fault element in relation to a physical element of an offence, that fault element must be attributed to a body corporate that expressly, tacitly or impliedly authorised or permitted the commission of the offence.
(2) The means by which such an authorisation or permission may be established include—
(a) proving that the body corporate’s board of directors intentionally, knowingly or recklessly carried out the relevant conduct, or expressly, tacitly or impliedly authorised or permitted the commission of the offence ; or
(b) proving that a high managerial agent of the body corporate intentionally, knowingly or recklessly engaged in the relevant conduct, or expressly, tacitly or impliedly authorised or permitted the commission of the offence ; or
(c) proving that a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to non compliance with the relevant provision ; or
(d) proving that the body corporate failed to create and maintain a corporate culture that required compliance with the relevant provision.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 2 — Genocide
Genocide by forcibly transferring children
81.— (1) A person (the perpetrator) commits an indictable offence if—
(f) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—deportation or forcible transfer of population
85.—(1) A person (the perpetrator) commits an indictable offence if—
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area ;
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—rape
88.— (2) A person (the perpetrator) commits an indictable offence if—
(b) the perpetrator knows of, or is reckless as to, the lack of consent ;
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—enforced prostitution
90.— (5) In sub-section (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person or persons are consenting to engaging in the act or acts of a sexual nature.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—sexual violence
93.— (5) In sub-section (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person or persons are consenting to engaging in the act or acts of a sexual nature.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.