1948 Genocide Convention in the context of "Genocidal intent"

Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the dolus specialis, or specific intent, to destroy a particular national, ethnic, racial, or religious group, in whole or in part. Unlike broader war crimes or crimes against humanity, genocidal intent necessitates a deliberate aim to eliminate the targeted group rather than merely displace or harm its members.

The concept of genocidal intent is complex and has spurred significant legal debate, primarily due to the challenge of proving an individual’s intent to destroy a group without direct evidence. International criminal tribunals, such as those for Rwanda and the former Yugoslavia, have relied on circumstantial evidence to infer intent, considering the scale, systematic nature, and targeting patterns of atrocities. Legal standards for genocidal intent have varied, with some rulings demanding dolus directus (direct intent to cause harm) and others allowing for dolus indirectus (foreseeable consequences accepted by the perpetrator). This discrepancy has influenced judicial outcomes, as seen in the acquittal of certain defendants under stringent intent requirements, leading some scholars to advocate for a knowledge-based standard to better facilitate genocide convictions.

During the Russo-Ukrainian War, Russia has forcibly transferred almost 20,000 Ukrainian children to areas under its control, assigned them Russian citizenship, forcibly adopted them into Russian families, and created obstacles for their reunification with their parents and homeland. The United Nations has stated that these deportations constitute war crimes. The International Criminal Court (ICC) has issued arrest warrants for President of Russia Vladimir Putin (who has explicitly supported the forced adoptions, including by enacting legislation to facilitate them) and Children's Rights Commissioner Maria Lvova-Belova for their alleged involvement. According to international law, including the 1948 Genocide Convention, such acts constitute genocide if done with intent to destroy, in whole or in part, a nation or ethnic group.

Ukrainian children have been abducted by the Russian state after their parents had been arrested by Russian occupation authorities or killed in the invasion, or after becoming separated from their parents in an active war zone. Children have also been abducted from Ukrainian state institutions in occupied areas, and through children's "summer camps" on Russian territory. The abducted children have been subject to Russification; raising children of war in a foreign nation and culture may constitute an act of genocide if intended to erase their national identity.