The Contextual Element and the Inchoate Offenses of Genocide

This chapter addresses the legal challenges posed by introducing the contextual elementContextual element in the structure of the crime of genocideGenocide through the Elements of Crimes (EOC) and examines the relationship between the collective context of perpetration and the structure of the crime of genocideGenocide. GenocideGenocide is analyzed as an endangerment crimeEndangerment crimes, exploring the various nuances that the structure of endangermentStructure of endangerment acquires when incorporated into inchoate genocidal offenses, specifically focusing on direct and public incitementDirect and public incitement and conspiracyConspiracy as outlined in Article III(b)–(c) of the Genocide ConventionGenocide convention. These inchoate offenses are chosen as the starting point due to their role in the preventive function of the Convention. They identify the existential risksExistential risk that the law seeks to address and suppress criminal conduct that threatens the protected legal interestLegal interest, even when such conduct falls short of genocideGenocide proper. The chapter concludes with a discussion on how these offenses reflect the broader preventive logic of the Genocide ConventionGenocide convention and the challenges of aligning the legal framework with the realities of perpetrations, namely the collective and contextual nature of genocideGenocide.