RT Article
T1 A structure-based concept of genocidal intent
JF Journal of international criminal justice
VO 5
IS 4
SP 781
OP 797
A1 Vest, Hans 1956-
LA English
PP S.l.
PB SSRN
YR 2007
UL https://krimdok.uni-tuebingen.de/Record/1526134411
AB The concept of genocidal intent developed in this article starts with an analysis of the structural particularities of the crime of genocide whose specific intent refers not only to the consequence(s) of personal conduct, but also to those of collective undertaking. The proposal submitted suggests understanding  intent to destroy a protected group as such  as a particular kind of specific intent: formally as intention to achieve a consequence which goes beyond the result that constitutes the actus reus. Materially, the proposed degree of intent refers to a two-fold approach which is based on a volitional ( intent ) and/or a cognitive ( certain knowledge ) element. Every element may be decisive depending on the mental state of the accused: either by virtue of the underlying purpose or by virtue of a certainty standard. While the consequences of the perpetrator's own conduct must be virtually certain, the adequate threshold for the occurrence of the (intended) overall action's result is practical certainty. In practice, such level(s) may be proven by exactly the same kind of circumstantial evidence current case law has relied on
DO 10.1093/jicj/mqm036