Chapter Three

The Definition of Genocide according to International Law

The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide.

Article II describes two elements of the crime of genocide:

1) the mental element, meaning the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such", and

2) the physical element which includes five acts described in sections a, b, c, d and e. A crime must include both elements to be called "genocide."

Article III described five punishable forms of the crime of genocide:
genocide; conspiracy, incitement, attempt and complicity.