In criminal law, intent is a subjective state of mind (mens rea) that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing.
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👉 Specific intent in the context of Intent to destroy
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.
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Specific intent in the context of Grievous bodily harm
Assault occasioning grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".
The offence is also known in Canada, as the most severe gradation of assault. It is a tradition handed down since at least 1879. It shows up in 10 U.S.C. § 920(g)(4), which deals with "rape and sexual assault generally".