This chapter analyses the concept of mental health in the law and case law of the International Criminal Court (ICC) while exposing the discrepancies that might exist between a rather progressive theory and a cautious practice. It starts by focusing on the definition of certain international crimes which incorporate mental health issues ...
This chapter analyses the concept of mental health in the law and case law of the International Criminal Court (ICC) while exposing the discrepancies that might exist between a rather progressive theory and a cautious practice. It starts by focusing on the definition of certain international crimes which incorporate mental health issues through the concept of mental harm; a harm that is being increasingly acknowledged by the judges. It then turns to the judgments issued by the Court which reveal that, when approaching mental health issues, judges do not deviate from the text of the law but appear to be exercising a degree of caution. To illustrate this prudence, the chapter explores the judicial attitude towards the testimonies of traumatised witnesses as well as the judicial assessment of the mental capacity of the defendant.
