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Genocide and Political Groups$
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David L. Nersessian

Print publication date: 2010

Print ISBN-13: 9780199588909

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199588909.001.0001

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Fault Elements

Fault Elements

Chapter:
(p.33) 3 Fault Elements
Source:
Genocide and Political Groups
Author(s):

Dr. David Nersessian

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588909.003.0004

This chapter addresses the personal fault elements comprising the mens rea of genocide. It discusses the crime's unique specific intent requirements and analyses the discriminatory targeting of protected groups for destruction. It addresses the complexities of ascertaining a perpetrator's specific intent to destroy a human group ‘as such’ and discusses how such intent can be established at trial. It also considers the merits of analysing the perpetrator's mental state in terms of numerical considerations (targeting either a percentage of the targeted group or a certain threshold number of victims) versus other types of criteria (such as the effects of targeting group leaders or other important segments of the group on the group's overall ability to survive ‘as such’).

Keywords:   fault elements, mens rea, mental state, genocide, Genocide Convention, specific intent, special intent, discriminatory targeting, discriminatory selection, intent to destroy

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