Kuwait Court of Cassation principle number 999

The mental element of the offence of making approaches to a foreign state or communicating clandestinely with it. The prerequisite for its establishment. Criminal intent therein is established by the perpetrator's knowledge of the activity and its purpose and his will being directed towards achieving it. Assessing its existence or absence. A matter of fact. So long as the assessment is sound. - The judgment's rejection of the appellant's defence that no state of war existed between Iraq and the State of Kuwait, on the basis that no peace treaty was signed between the two states after Kuwait's liberation and no diplomatic representation was exchanged between them, such that a state of war continued to exist between them in fact and in law. The appellant's challenge to the judgment in this respect is unsound. Example. (3) Aiding the enemy