SUVREMENE DOKTRINARNE POSTAVKE I KONCEPT MEĐUNARODNOG KRIVIČNOG SUDA O SPECIFIČNOJ NAMJERI KOD ZLOČINA GENOCIDA
CONTEMPORARY DOCTRINAL DETERMINANTS AND THE CONCEPT OF INTERNATIONAL CRIMINAL COURT ON THE SPECIFIC INTENT OF THE CRIME OF GENOCIDE

Summary/Abstract: The paper contributes to the scientific and professional discussion of an intent (Lat. dolus), as it represents a mental or subjective element (Lat. mens rea) of the crime of genocide, of which the baselines are elaborated by the author in the first chapter. In the following scientific unit, the author analyzes contemporary doctrinal determinants of the specific/genocidal intent, which, as such, are developed and presented in works of prominent legal theorists in the field of the genocide research as an international crime. In the third part of the paper the legal concept of the International Criminal Court (ICC) on the primary subject of our research is analyzed. The author gives doctrinal understanding of the genocidal intent, highlighting in particular, in this sense, the concepts de lege ferenda, that is to say alternative interpretations of this element, including the most influential one - a knowledge-based approach or concept. In the paper, some of these concepts or their elements are associated to a new institutionalized (de lege lata) concept of proving the genocidal intent which is stipulated in basic documents of the ICC, discussing particularly the question of knowledge of context and/or circumstances of an attack, or a state plan and a policy of genocide as the third element of the genocide mens rea (alongside intent and knowledge, ie intent and awareness according to the Anglo-Saxon/Anglo-American, or besides dolus coloratus and intent according to the Europeancontinental legal tradition). We note, therefore, that the ICC has introduced the contextual aspect of genocide, which could make the legal proving of genocide more difficult. On the other hand, the introduction of an obligatory contextual aspect might represent an ultimate determination that the crime of genocide is necessarily executed in a planned, organized, and systematic manner. We conclude that this practical-theoretical concept proceeds to the assertion that a state can also be a direct perpetrator of genocide, and, therefore, be held internationally responsible for it.

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