Table of contents:
Element:
"The question of the state of mind of the accused when he issued the order becomes important from the point of view of mens rea, because if he knew that the order could not be carried out, then no question of criminality should arise. It is only when he thought that it could be carried out but was surprised to find that it could not or was not, that criminality may occur."[1]
Footnotes:
[1] British Military Court, Trial of von Falkenhorst, 29 July-2 August 1946, Law Reports of Trials of War Criminals, UNWCC, Vol. XI, 1948, p.29.
