FIBA has no such thing as a flagrant foul.

If there was no intent, under what criteria would it be deemed unsportsmanlike?

37.1.1 Bullet 2

Excessive, hard contact caused by a player in an effort to play the ball or an opponent.

If it's deemed hard or excessive contact the intent is not relevant as the rule states even in an effort to play the ball.

That's no different to a blind pick up the floor. That's hard contact with no intent. Incidental elbow on the rebound could be hard.

Without seeing the play its hard to say but wouldn't call unsportsmanlike for incidental contact. Plus I don't think you can call accidental "unsportsmanlike" by definition.

The rule precludes intent except for C1

Firstly, I don't know the rule differences between FIBA and NBA which is why I'm asking for help. I don't know what the foul would be called under I just know that it could be an offensive foul considering the offensive player picked up his dribble and in the middle of taking to steps towards the basket swang his elbow into the head of the defender.

I don't know if the intention has anything to do with whether it should be a foul or not, because if a defender hits the face of an ball handler and says "I was trying to go for the ball" is that excused also?

I'm hearing mixed opinions.

@Sebastian

What do you mean the "The rule precludes intent except for C1"?

also, what is C1?

https://www.bnsw.com.au/wp-content/uploads/2021/08/17-Junior-Referee-Training-Sheet-Unsportsmanlike-Foul-2021.pdf

I think C! is criteria 1 on a document like the one above.

As Anon is saying it is hard to determine whether an USF was warranted. Your first telling of the incident says " The offensive player (being slightly taller than the defender) made contact with his elbow to the head of the defensive player. The foul was called on the defender."

Just because contact was to the head does not preclude a foul being called on a defender who is not in legal guarding position. In this description there wasn't anything that suggested it should be anything other than a defensive foul or a no call.

The second description is "I don't know what the foul would be called under I just know that it could be an offensive foul considering the offensive player picked up his dribble and in the middle of taking to steps towards the basket swang his elbow into the head of the defender."

This indicates you have apportioned intent to the offensive player as he "swang his elbow into the head of the defender" and even if you hadn't it would have to be judged by the referee if they believe the contact was "Excessive" so again all outcomes would still be available, offensive foul, defensive foul, USF and no call

" don't know if the intention has anything to do with whether it should be a foul or not, because if a defender hits the face of an ball handler and says "I was trying to go for the ball" is that excused also?"

Absolutely, if you watch any NBL game there are many of these called as normal fouls with no USF assigned every season.

Wow thank you!

I do believe it was at least an offensive foul but can that only be called if there is no call on the defensive player first?

Also, if an offensive player "swang their elbow", and makes contact but wasn't trying to (for example, doing a euro-step) does it still mean intent was there?