국제형사재판소규정 제30조 ‘주관적 요소’에 관한 분석

The ICC Statute of the International Criminal Court is the first international instrument that includes a general provision on the mental elements required establish criminal responsibility for an international crime attaches (Article 30). This provision has been the subject of different opinions in respect to the forms of intent that are incorporated in it. In particular, there is disagreement as to whether dolus eventualis or recklessness is included as a form of intent. This article examines the provisions of Article 30 of ICC Statute in detail, and the significance of the mental elements of crime under international criminal law is analyzed and the implementation of the ICC based on Article 30 is reviewed through precedents. In addition, it analyses Article 30 of the ICC Statute from a comparative perspective, by drawing on the different approaches (civil law and common law) taken by intent. It analyses the jurisprudence and commentary concerning Article 30, and attempts to draw some conclusions as to whether dolus eventualis or recklessness is included as a form of intent. Finally, it inspects the implications of South Korea based on the perception and analysis of the mental elements of core crime.