Proof of Specific Intent in the Crime of Genocide

The current dispute between South Africa and Israel before the International Court of Justice has many aspects of great legal interest. This article focuses on the identification and proof of the specific intent of a state in the crime of genocide. On this point, the arguments put forward by the two states in the preliminary phase of the proceedings are very different and raise several issues. The article addresses them especially in light of the International Court of Justice’s previous case law on genocide. The following questions are addressed: Is the genocidal intent of individuals and that of states distinct and separate? Does the finding of individual criminal responsibility for genocide affect, and if so to what extent, state responsibility? What elements/factors are relevant for proving a specific intent? What organs express such an intent? What are the standards of evidence required? The International Court of Justice gave so far unclear answers to these questions. This article seeks to offer some solutions in this regard.