Requirements for inference of genocidal intent

Notion(s) Filing Case
Rule 98bis Judgement - 11.07.2013 KARADŽIĆ Radovan

80. The Appeals Chamber also recalls that by its nature, genocidal intent is not usually susceptible to direct proof.[1] As recognised by the Trial Chamber,[2] in the absence of direct evidence, genocidal intent may be inferred from a number of facts and circumstances, such as the general context, the perpetration of other culpable acts systematically directed against the same group, the scale of atrocities committed, the systematic targeting of victims on account of their membership in a particular group, the repetition of destructive and discriminatory acts, or the existence of a plan or policy.[3]

[1] Gacumbitsi Appeal Judgement, para. 40. See also Rutaganda Appeal Judgement, para. 525; Kayishema and Ruzindana Appeal Judgement, para. 159.

[2] T. 28 June 2012 p. 28768. See alsoT. 28 June 2012 p. 28751.

[3] Jelisić Appeal Judgement, paras 47-48. See also Krstić Appeal Judgement, para. 34; Hategekimana Appeal Judgement, para. 133; Gacumbitsi Appeal Judgement, paras 40-41.

Download full document
ICTR Statute Article 2(2) ICTY Statute Article 4(2)