From Abstraction to Intent: The Law of Genocide and Its Insights into the Genocidal Mindset

Abstract

The legal concept of genocide is heavily predicated on the subjective element of the crime –in particular, on the existence of specific genocidal intent. The factors which give rise to such intent have, that far, received little attention in legal debate; yet the insights which the law, in particular through past cases of alleged genocide which were investigated by international criminal tribunals, can provide for this question, can be valuable. On this basis, this study investigates the pathways to intent and identifies, in this regard, the process of abstraction as a condition which not only lowers inhibitions on the side of the potential genocidaire but also allows for the emergence of a position of indifference on the side of bystanders to the relevant crimes. The study explores in a preliminary step the differences between the legal and the social concept of genocide and outlines the main weaknesses of the legal understanding of the crime. But the article also highlights the advantages of a concept which places emphasis on the subjective part of the crime and which places the individual perpetrator at the basis of its contemplation. It is that perspective which permits crucial insights into the subjective development of genocide and which, ultimately, can lead to the formulation of preventive strategies at the early stages of a situation which raises concerns within the international community.