إشكالية إثبات القصد الجنائي الخاص في جريمة الإبادة الجماعية

Abstract EN

The crime of genocide is considered one of the most international crimes in violation of human rights, although its definition is not problematic.

its moral pillar of criminal intent is one of the most ambiguous and difficult to prove because it involves criminal intent that cannot be proven with concrete physical evidence, the general intent alone is not sufficient for the moral component of the crime of genocide.

rather, the perpetrator must have a special intent, which is the intent to annihilate or complete or partial destruction of a particular group.

this study aims to determine the difficulty of proving the criminal intent to commit the crime of genocide, and to clarify the role of the international judiciary in determining its conditions, as we concluded that each case has its own circumstances that call from the international judge the need to show knowledge and skill to conclude the availability of criminal intent to say a crime genocide, especially in light of the similarity of this crime with other forms of international crimes.