The Special Rapporteur had responded that the element of dolus or the intention or legality of the activity was not relevant to the purposes of the draft articles; the articles were intended to cover all activities that risked causing transboundary harm, including military activities, assuming that they were fully permissible under international law.
From that moment onwards, if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent (dolus specialis), it is under a duty to make such use of these means as the circumstances permit.
Consequently, in Bosnia and Herzegovina v. Serbia and Montenegro, the International Court of Justice had not been able to characterize the mass murders in Bosnia and Herzegovina, elsewhere than in Srebrenica, as genocide, because they failed the dolus specialis test.
In its decision, the ICJ recalled, inter alia, that the commission of genocide requires a dolus specialis, or specific intent, that differentiates it from other crimes such as crimes against humanity.
From that moment onwards, if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent (dolus specialis), it is under a duty to make such use of these means as the circumstances permit.
From that moment onwards, if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent (dolus specialis), it is under a duty to make such use of these means as the circumstances permit
The Special Rapporteur had responded that the element of dolus or the intention or legality of the activity was not relevant to the purposes of the draft articles; the articles were intended to cover all activities that risked causing transboundary harm, including military activities, assuming that they were fully permissible under international law
In its decision, the ICJ recalled, inter alia, that the commission of genocide requires a dolus specialis, or specific intent, that differentiates it from other crimes such as crimes against humanity