Responsabilidad subjetiva (Mens Rea) en el derecho internacional penal.Unificación de conceptos en el derecho continental europeo y el derecho anglosajón

Resumo

One of the problems facing universal criminal justice, is that concepts from the Anglo-Saxon law or continental European law are used, without efforts to unify their meaning in the International Criminal Law, perhaps based on a repeated dogma: international criminal law has its own concepts. It is evident that this world criminal law did not arise from new concepts, nor from neutral jurists or disconnected from their national experience.The most important contribution in the consensus of the concepts comes from the authors of international criminal law, given that in the jurisprudence of the International Criminal Court it has been considered that according to article 21 of the Rome Statute, judges can only go to the general principles derived from national rights, including those from States that would have had to exercise their jurisdiction in the case, when the regulations of the Court or of the sources of international law are not possible to apply.It is noted that the most direct path possible, given the contradictions or gaps in the jurisprudence is to resort again to the most important notions of the national legal systems and transform them into concepts of International Criminal Law, fulfilling a basic requirement: the human rights parameters must be present in all the construction of legal concepts and those that do not comply with this perspective must be discarded...