K
koelner
Guest
Du ich geb nur wieder, was in dem Urteil steht. Da wird nochmal unterteilt:Das kann kaum sein, denn Völkermord = Genozid = Bestreben eine Volksgruppe auszulöschen
3. Applicable law: the Convention on the Prevention and Punishment of the Crime ofGenocide
The Court recalls that, under the terms of Article II of the Convention, “genocide means anyof the following acts committed with intent to destroy, in whole or in part, a national, ethnical,racial or religious group as such: (a) Killing members of the group; (b) Causing serious bodily ormental harm to members of the group; (c) Deliberately inflicting on the group conditions of lifecalculated to bring about its physical destruction in whole or in part; (d) Imposing measuresintended to prevent births within the group; (e) Forcibly transferring children of the group toanother group”.
The Court observes that genocide thus contains two constituent elements, namelythe physical element or actus reus (the acts perpetrated), and the mental element, or mens rea (theintent to destroy the group as such).
First, regarding the mental element, the Court indicates that it is the “intent to destroy, inwhole or in part, a national, ethnical, racial or religious group as such” which is the essentialcharacteristic of genocide, and which distinguishes it from other serious crimes. It is regarded as adolus specialis, that is to say, a specific intent which, in order for genocide to be established, mustbe present in addition to the intent required for each of the individual acts involved.
The Courtexplains that what must be intended is the physical or biological destruction of the protected group,or of a substantial part of that group. Evidence of that intent is to be sought, first, in the State’spolicy (although such intent will seldom be expressly stated), but it can also be inferred from apattern of conduct, where such intent is the only reasonable inference to be drawn from the acts inquestion.
Secondly, regarding the physical element, the Court analyses the scope and meaning to begiven to the prohibited acts listed in subparagraphs (a) to (d) of Article II of the Convention.