Una explicación criminológica del genocidio: la estructura del crimen y el requisito de la «intención de destruir»

Abstract

Criminological typologies of genocide offenders confirm, in principle, a threefold structure of the offence that distinguishes between top-, mid- and low-level perpetrators. These theories also make a compelling case for a differentiated interpretation of the «intent to destroy» requirement in the sense of a purpose- and knowledge-based approach by applying the stricter purpose concept only to the top-level perpetrators. Mid- and low-level perpetrators need not necessarily share this genocidal purpose but must be aware of its existence and the ensuing genocidal policy. In addition, the criminological findings suggest a further differentiation between state and non-state actors. Only the former may possess genocidal knowledge as a consequence of their official functions and duties while the latter can only be classified as genocidaire if they are specifically aware of the connection of their acts to the overall genocidal policy (i.e., a specific knowledge requirement).