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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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General or Chapeau Elements of Genocide

General or Chapeau Elements of Genocide

(p.206) 14 General or Chapeau Elements of Genocide
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

With respect to genocide, Article 4 of the statute of the ad hoc tribunal for the former Yugoslavia and Article 2 of the statute of the tribunal for Rwanda are identical in both form and substance. One element that must be met before a genocidal offence may be said to have been committed is that an individual possessed the required genocidal mens rea or, according to the appeals chamber and a number of trial chambers, where he knew of the principal’s genocidal intent. This chapter discusses the elements of the genocidal mens rea (including the intent to destroy in whole or in part, a national, ethnical, religious, or racial group, as such) and the factors which may be relevant to the determination that the accused possessed the necessary genocidal intent.

Keywords:   genocide, mens rea, intent, religious group, racial group

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