Substantial part of targeted group

Notion(s) Filing Case
Appeal Judgement - 30.01.2015 POPOVIĆ et al.
(IT-05-88-A)

422. […] Although the substantiality requirement is textually indicated in the provision describing the specific intent required for genocide, i.e. the requirement that there must exist an “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”,[1] it is the objective, contextual characteristics of the targeted part of the group, including, inter alia, its numeric size relative to the total size of the group,[2] that form the basis for determining whether the targeted part of the group is substantial.[3] […]

[1]           Article 4(2) of the Statute (emphasis added). See Krstić Appeal Judgement, paras 6, 8-9. See also Article II of the Genocide Convention.

[2]           Krstić Appeal Judgement, para. 12.

[3]           See Krstić Appeal Judgement, paras 12-17 (where substantiality is discussed by reference to various contextual and objective characteristics of the targeted part of the group, the Bosnian Muslims of Srebrenica); Benjamin Whitaker, Revised and Updated Report on the Question of Prevention and Punishment of the Crime of Genocide, U.N. Doc. E/CN.4/Sub.2/1985/6, para. 29 (“‘In part’ would seem to imply a reasonably significant number, relative to the total of the group as a whole, or else a significant section of a group, such as its leadership.”).

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