DEFINITION OF THE INTENT TO COMMIT GENOCIDE

Abstract

The commission of genocide is recognized as a crime that contradicts international law regardless of the period of commission in wartime or peacetime, however, commission during wartime increases the threat of committing the crime. The purpose of the article is to analyze the intent to commit genocide in international law and national criminal legislation. The stated goal involves studying the meaning of the concept of intent in international law and the intent and purpose of committing genocide in national criminal law. It is necessary to clarify the intention “in whole or in part”, which is used in the Convention in relation to the qualification of genocide when committing a crime against a sufficiently significant part of a certain group. According to the positions of scholars, the specified part affects the group as a whole or its survival and is qualified from the position of a substantial part of the group. In this case, genocide can be qualified if there is an intention to completely or partially destroy a certain group, the question of a substantial part of the group remains, because it requires research in each case of genocide. Determining the intention to destroy a certain group is difficult in practice, the concept of purpose and broader concepts are used. The Convention uses the concept of “intent to destroy, in whole or in part.” In the criminal law of our state, the intent to commit genocide can be determined by taking into account the intent and purpose of the crime, which are subjective elements of the crime and are directly indicated in the formulation of the concept of genocide in the Criminal Code of Ukraine. The Criminal Code of Ukraine clearly states the purpose and intent of committing genocide: “genocide, that is, an act intentionally committed with the aim of destroying in whole or in part a national, ethnic, racial or religious group.” Given the wording of the law, genocide is qualified if the purpose of committing the crime is proven. The commission of genocide is qualified by the presence of intent in the Convention, which is specified in the Criminal Code of Ukraine in the meaning of the intent and purpose of the complete or partial destruction of a certain group.