For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, particularly the 1948 Genocide Convention.
According to the “Convention on the Prevention and Punishment of the Crime of Genocide,” the primary duty regarding genocide is to “prevent and punish” acts of genocide, meaning states are obligated to take active measures to stop potential genocides from occurring and to prosecute individuals responsible for committing genocide when it does happen; this includes enacting laws to criminalize genocide within their own jurisdictions and cooperating internationally to bring perpetrators to justice.
