Abstract

Proving specific intent for the crime of genocide is one of the most difficult and controversial issues in the law of international responsibility. The article aims to shed light on the main legal tools through which international courts and tribunals have so far attempted to prove this complex psychological element, namely the concepts of ‘plan’ and ‘pattern of conduct’. Through a review of relevant case-law concerning both state and individual criminal responsibility, the content and the evidentiary value of those two tests are highlighted, and a clearer framework of reference for proving the element of dolus specialis of the crime of genocide is eventually provided.