Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation

Abstract:     
From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnicity, racial or religious group, as such." The predominant interpretation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of the Genocide Convention and on a substantive critique of the specific intent interpretation, it argues that, in defined situations, principal culpability for genocide should extend to those who may personally lack a specific genocidal purpose, but who commit genocidal acts while understanding the destructive consequences of their actions.

Number of Pages in PDF File: 36

Accepted Paper Series