What is the mental element required to establish complicity in crimes against humanity?
Canada (Federal), Canada
The following excerpt is from Ishaku v. Canada (Citizenship and Immigration), 2011 FC 44 (CanLII):
The mental element required to establish complicity in crimes against humanity has been characterized variously as shared common purpose, personal and knowing participation or toleration of the crimes, and participation in an organization knowing it commits crimes against humanity, when combined with a failure to stop the crimes or disassociate oneself. (Sabadao v. Canada (Minister of Citizenship and Immigration), 2006 FC 292, 146 A.C.W.S. (3d) 698, at para. 24).
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