Treaties, States parties, and Commentaries - Statute of the International Criminal Court, 1998 - 32

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Rome Statute of the International Criminal Court, 17 July 1998

Mistake of fact or mistake of law

Article 32

Mistake of fact or mistake of law

1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.

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