Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 1999 Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation Alexander K.A. Greenawalt Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Criminal Law Commons, International Humanitarian Law Commons, and the International Law Commons Recommended Citation Alexander K.A. Greenawalt, Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation, 99 Colum. L. Rev. 2259 (1999), http://digitalcommons.pace.edu/lawfaculty/338/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. NOTE RETHINKING GENOCIDAL INTENT. THE CASE FOR A KNOWLEDGE-BASED INTERPRETATION Alexander KA. Greenawalt From its initial codifiation in the 1948 Convention on the Prmention and Punishment of Genocide to its most recent inclusion in the Rome Statue of the International Criminal Court, the international nnmeof genocide has been defined as involving an "intent to (ERFtroy, in whole or in part, a na- tional, ethnicah racial or religious group, as such." The predominant inter- petation of this language views genocide as a nnzmeof "speciJicWor 'kpecial" intent, in which the perpetrator deliberately s~ksthe whole or partial destruc- tion of a poteckd group. This Noteplrnues an alternate uppoach. Relying on both the histmy of the Genocide Convention and on a substantive critique of the speci$c intent intqetation, it argues that, in defined situations, principal culpabilityfor genocide should extend to those who may personally lack a spectzc genocidal purpose, but who commit genocidal acts while un- derstanding the destructive consequences of their actions.