Abstract
All crimes of genocide have a common structure: There must be an actus reus, a corresponding mens rea and, in addition, a second subjective element, the “intent to destroy, in whole or in part, a […] group as such.” This so called “genocidal intent,” is characterized by the fact that responsibility for completed genocide does not depend on the result, the perpetrator intended to achieve. The threshold of this intent is not higher than for the mens rea described in Article 30 of the Rome Statute; in particular, no special quality of the volitive side of this intent is required. Dolus eventualis, therefore, is sufficient to commit the actus reus and to have, in addition, the particular “intent to destroy […].” An inherent, additional and independent, contexual criterion, as proposed in The Draft Elements of Crimes is neither admissible nor advisable to limit the punishability of genocide or the jurisdiction of the Court for such crimes.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
