Der Schulddefekt im Völkerstrafrecht

In national criminal law the question of culpability or personal guilt of the perpetrator is of significant importance whereby the frequency of ascertaining an exclusion / limitation of culpability through a possible mental defect appears to correlate with the seriousness of the crime. From this perspective the question of mental defects should also be one of international criminal law. After all, international criminal law involves criminal liability for the most serious crimes, crimes that affect the international community as a whole. So how does international criminal law deal with limits of culpability?
This study examines regulations on limitation of culpability due to mental incapacity and its handling in practice through a comparative perspective. It highlights existing deficits in the context of international criminal law and questions their causes.
Based on the data collected a reform proposal to optimise regulations concerning the limitation of culpability due to mental incapacity is formulated and put up for discussion.