Article 6 Genocide

• Author: International Criminal Court
• Pages: 2-2

2

Elements of Crimes

Article 6

Genocide

Introduction

With respect to the last element listed for each crime:

(a) The term “in the context of” would include the initial acts in an emerging pattern;

(b) The term “manifest” is an objective qualication;

(c) Notwithstanding the normal requirement for a mental element provided for in

article 30, and recognizing that knowledge of the circumstances will usually be addressed in proving

genocidal intent, the appropriate requirement, if any, for a mental element regarding this circumstance will

need to be decided by the Court on a case-by-case basis.

Article 6 (a)

Genocide by killing

Elements

1. The perpetrator killed2 one or more persons.

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as

such.

4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group

or was conduct that could itself effect such destruction.

Article 6 (b)

Genocide by causing serious bodily or mental harm

Elements

1. The perpetrator caused serious bodily or mental harm to one or more persons.3

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as

such.

4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group

or was conduct that could itself effect such destruction.

Article 6 (c)

Genocide by deliberately inicting conditions of life calculated to bring about physical

destruction

Elements

1. The perpetrator inicted certain conditions of life upon one or more persons.

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as

such.

4. The conditions of life were calculated to bring about the physical destruction of that group, in whole or in

part.4

5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group

or was conduct that could itself effect such destruction.

2 T he term “kil led” is intercha ngeable with th e term “caused death”.

3 T his conduct may i nclude, but is not neces sarily res tricted to, acts o f torture, rape, se xual violenc e or inhuman or deg rading treat ment.

4 T he term “conditions of li fe” may include, but is no t necessarily r estricted to, del iberate deprivat ion of resources ind ispensable for su rvival,

such as food or me dical serv ices, or system atic expulsi on from homes.