A Realistic Genocidal Intent

This chapter addresses one of the most complex aspects of genocideGenocide—the crime’s mens rea, which sets it apart from both common law offenses and other core international crimes. After reviewing how genocidal intentGenocidal intent has been interpreted in the jurisprudence of the ad hoc tribunalsAd hoc tribunals, the chapter explores the realistic components of genocideGenocide’s general and special intent. The discussion includes an analysis of the existing theories of genocidal intentGenocidal intent, focusing on both the purpose-based and knowledge-based approaches. Common misunderstandings, such as the assumption that the knowledge-based approach is a recent or innovative concept, are clarified. Additionally, the chapter examines the fundamental premises of the knowledge-based theory, emphasizing the role of taxonomy or hierarchy among different types of offenders in the commission of genocideGenocide. Through this examination, the chapter seeks to provide a clearer understanding of the mens rea that underpins the crime of genocideGenocide and its unique legal significanceSignificance.