The Specific Intent (Dolus Specialis) of the Crime of Genocide

Authors

  • م. كاظم جعفر شريف / م. حيدر عرس عفن

Abstract

The idea of ​​research stems from a fundamental legal problem related to the interpretation of the "intention to destroy" contained in Article II of the Genocide Convention and the consequences of this interpretation on the level of criminal conviction and the Chamber of Responsibility for the crime of genocide, Collective care requires more attention than other international crimes, because the task of memorizing it is one of the easy tasks of attaching it to the manifestation of an intent that lies in the universality of the human soul that can not be reached,t is necessary to state the position of international criminal jurisprudence in clarifying the exact meaning of the criminal intent required in the crimes of genocide by analyzing the most prominent doctrinal approaches that tried to determine the significance of the criminal intent in this crime in order to To examine its precise meaning, as well as to examine the position of the international criminal court on the determination of the intent required in the moral element of the crime of genocide as a pillar of criminal responsibility for the crime

In the first, we will deal with the concept of criminality in criminal law and include two requirements. In the first we will examine the definition of criminal intent and the definition of its elements. The second is to distinguish the specific criminal intent of the suspect. The second topic is devoted to the study of jurisprudential attempts to determine the purpose of the crime of genocide. In the third section, we shall examine the position of the international judiciary on the criminal intent of the crime of genocide. This will be followed by a conclusion that will include our findings and recommendations.

Published

2023-11-21