While the 2 elements of a crime are "mens rea" & "actus reus", human justice is actually powerless to judge the former in the absence of legally-admissible evidence of the latter.
Given, there is no legal rebuttal strategy applicable to an accusation of mens rea alone, may an accuser be viewed as malicious & held liable?
In effect, how may Islamabad's allegation against Kabul & New Delhi (of mens rea, i.e. "Fitna") be legally documented &/or scrutinized in a judicial forum anywhere in the world?