Free Legal Aid System Library

Genocide: Elements and Specific Intent

A Concise Block for Legally Precise Delineation of Genocide from War Crimes, Crimes Against Humanity, Persecution, and Public Rhetoric.

Primary and official sources

1

Protected group

A national, ethnic, racial or religious group.

2

Punishable act

One of the actions directly listed by the Convention and the law.

3

Special intention

The intention to destroy the group as such in whole or in part.

4

An essential part

Quantitative and qualitative value of the selected part of the group.

5

Conclusion from the pattern

Is genocidal intent the only reasonable inference from the proven facts.

Do not mix

  • Mass damages do not automatically prove dolus specialis.
  • The harassment has a different context and discriminatory intent.
  • Direct and public incitement is a separate form of punishable behavior.
  • A political or journalistic assessment is not a substitute for legal qualifications.