The Specific Intent (Dolus Specialis) Requirement of the Crime of Genocide: Confluence or Conflict between the Practice of Ad Hoc Tribunals and ICJ

Abstract

The international community has been witnessing the first ever interpretation and application of the Genocide Convention through the practice of the ad hoc tribunals at the international level. The significance of the practice lies in the interpretation of the elements of the crime of genocide and in the clarification of its substantive content. In addition to the practice of the ad hoc tribunals, the International Court of Justice (the ICJ) in its judgement in the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Case) had to, amongst other issues, deal with the requirements of the crime of genocide.

Keywords

Genocide, Genocidal intent, International Court of Justice (ICJ), Individual Criminal Responsibility, State Responsibility.

Citation

Aksar, Yusuf, “The Specific Intent (Dolus Specialis) Requirement of the Crime of Genocide: Confluence or Conflict between the Practice of Ad Hoc Tribunals and ICJ”, International Relations, Volume 6, No 23 (Fall 2009), p. 113-126.

Affiliations

• Yusuf Aksar, Assoc. Prof. Dr., Karadeniz Technical University, Department of International Relations