The Indirect Intent in The International Criminal Case-Law

This study focuses on the analyse of the indirect intent in the international criminal caselaw. Traditionally, the Romanian Criminal Code defines the indirect intent through the pshychological position of the offender towards the result of the crime, which can lead, in some circumstances, to unfair result. Finding an appropriate definition has been a constant problem for the international courts of justice, especially taking into consideration the effort to reconcile this attempt with the national regulations and principles. The International Criminal Tribunal for Yugoslavia developed a new form of criminal participation in which it described the mens rea using the notion of `risk`. The Tadić case represents a significant step for the definition of indirect intent, in the way it is considered in our legal system.The international criminal court emphasizes the importance of the person`s position towards the risk that criminal acts could lead to relevant results and it outlines the standards of foreseeability of such risk.