A Desire-Based and Knowledge-Inclusive Interpretation of Genocidal Intent

This chapter proposes a new interpretation of genocidal intentGenocidal intent, focusing on the relationship between desire, knowledge, and intent within the crime of genocideGenocide. The analysis focuses particularly on the interplay between motivesMotives and intent on the collective and individual levels by reinterpreting the qualifier ‘as such’. To support this new understanding, the chapter makes use of historical and contemporary legal debates, the drafting history of the Genocide ConventionGenocide convention, key judgments from international tribunals, and basic concepts from the philosophy of desire. It then challenges the conventional views on the inscrutabilityInscrutability of motivesMotives in genocideGenocide, arguing for a more inclusive understanding that incorporates both desire-based and knowledge-based understandings of intent. The discussion also addresses the implications of this interpretation for different levels of perpetrators, from high-level masterminds to low-level foot soldiersFootsoldiers. This chapter concludes by considering the potential impact of this approach on the prosecution and understanding of genocideGenocide.