The International Criminal Court (ICC) Prosecution must be able to establish criminal intent in the crimes against humanity case of former President Rodrigo Duterte in relation to his administration's bloody drug war, an international law expert said on Tuesday.
“They need to establish, number one, yung pinaka importante kasi is yung criminal intent, yung sinasabi natin sa law na mens rea—yung criminal mind na dapat at the time that you participated in the commission of these acts, either indirectly or directly as an indirect perpetrator, dapat may criminal intent ka,” Ralph Sarmiento said in an interview with GMA Integrated News as the confirmation of charges hearing was underway at the ICC in The Hague.
(They need to establish—and this is the most important part—the criminal intent, what we call in law mens rea. It is the criminal mind; at the time you participated in the commission of these acts, whether indirectly or directly as an indirect perpetrator, you must have had criminal intent.)
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