Genocidal intent is the ''

mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...

'' for the

crime of genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Lati ...

. "Intent to destroy" is one of the elements of the crime of

genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...

according to the 1948

Genocide Convention The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...

. There are some analytic differences between the concept of

intent Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...

under national criminal law, where responsibility for a murder is ascribed to an individual based on their mental state, and international law. Under international law, responsibility falls upon individuals in their capacities as members of certain organizations or other official roles. The intent for genocide is less direct. An international court might look at whether the defendant participated in planning the genocidal acts, perhaps within the auspices of a certain organizational structure, or whether they acted with knowledge of such a preconceived plan. The Tribunal for Rwanda, in one of their cases, decided that it was not enough for a defendant to know that their acts could contribute to the destruction of a group. Scholars have suggested that the individual's role within an institution can impact the weight given to an individual's knowledge. In order to prosecute of an individual in the context of a genocide, their complicity in forming the "institutional intent" must also be proved. The International Criminal Tribunal for Yugoslavia (ICTY),

International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...

(ICTR), and

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

have ruled that, in the absence of a

confession A confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information th ...

, genocidal intent can be proven with

circumstantial evidence Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need ...

, especially "the scale of atrocities committed, their general nature, in a region or a country, or furthermore, the fact of deliberately and systematically targeting victims on account of their membership of a particular group, while excluding the members of other groups."

Cases

In 2010, the Khmer Rouge Tribunal referred to the precedent of the ICTR in discussing the role of genocidal intent. In the case of a 2004 United Nations ''Commission of Inquiry'' into the

War in Darfur The War in Darfur, also nicknamed the Land Cruiser War, is a major armed conflict in the Darfur region of Sudan that began in February 2003 when the Sudan Liberation Movement (SLM) and the Justice and Equality Movement (JEM) rebel groups beg ...

, Claus Kress argued that the ICTY and ICTR were incorrect in their view of the genocidal intent of individuals. Hans Vest argued for the interlinked roles of an individual's intent and the individual's expectation of contributing to a collective action. Kjell Anderson discussed ways of separating out the roles of collective policies and their interaction with individual intent. Olaf Jenssen disagreed with the lack of sentencing Goran Jelisić for genocidal intent, arguing that legal consistency would imply that some of the perpetrators of the

Holocaust The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...

would not have been convicted for genocide. In February 2021, while the

Tigray War The Tigray War; ; . was an armed conflict that lasted from 3 November 2020 to 3 November 2022. The war was primarily fought in the Tigray Region of Ethiopia between the Ethiopian federal government and Eritrea on one side, and the Tigray Peop ...

was in its fourth month, peace researcher

Kjetil Tronvoll Kjetil Tronvoll is a peace and conflict studies researcher, specialising in Eritrea, Ethiopia and Zanzibar. , he is a professor of peace and conflict studies at Bjørknes University College and heads a consultancy firm ''Oslo Analytica''. Childh ...

stated that the

Eritrean Defence Forces The Eritrean Defence Forces (EDF) () are the combined military forces of Eritrea composed of three branches: Eritrean Army, Eritrean Air Force and Eritrean Navy. The Army is by far the largest, followed by the Air Force and Navy. The Commander- ...

' acts of widespread and systematic

executions Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

Tigrayan Tigrayans ( ti, ተጋሩ) are a Semitic-speaking ethnic group indigenous to the Tigray Region of northern Ethiopia. They speak the Tigrinya language, an Afroasiatic language belonging to the Ethiopian Semitic branch. The daily life of Tigra ...

civilians, especially men and boys, sexual violence against Tigrayan women, looting and destruction of infrastructure and food resources, and looting and destruction of Tigrayan cultural heritage, together seemed to show a pattern that might establish genocidal intent.

Denial

Edina Bećirević studied whether there was a "special intent" by the Serbian political leadership to exterminate Bosnian Muslims as early as 1992" in the

Bosnian War The Bosnian War ( sh, Rat u Bosni i Hercegovini / Рат у Босни и Херцеговини) was an international armed conflict that took place in Bosnia and Herzegovina between 1992 and 1995. The war is commonly seen as having started ...

References

{{International criminal law Elements of crime Genocide Intention

Cases

Denial

See also

References