ON THE “SPECIFIC INTENT” OF THE CRIME OF GENOCIDE. BEYOND INDIVIDUAL CRIMINAL RESPONSIBILITY

In this article, we will start from the analysis of the specific intent in cases of individual criminal responsibility, comparing the knowledge-based and the purpose-based approaches elaborated by legal doctrine before going beyond this level and addressing State responsibility, which is the prevailing aspect in the commission of the crime of genocide. We will then investigate the complex relationship between the two kinds of responsibility, envisaging three possible scenarios in which State policy comes into play. We will finally only attempt to propose some reflections on the responsibility of collective non-State actors, such as terrorist organizations, for the crime of genocide, in particular where these actors behave as independent de facto entities, capable of manifesting themselves in the international realm.