نسل زدايي : ساختار عناصر جرم

GENOCIDE: STRUCTURE OF ELEMENTS OF THIS CRIME

After over 55 years, from ratification of convention on the prevention and punishment of the crime of genocide (CPPCG), there are still difference of opinion about structure of elements of genocide. It isnʹt for no reason that article 9 of statute of the International Criminal Court (ICC) deemed necessary elements of crimes-genocide and ... - shall be adopted by a two - thirds majority of the members of the assembly of states parties. The aim of this article is study of those elements with respect the context of the CPPCG, proceedings of preparatory commission, the legal doctrine - before and after adoption of CPPCG - and finalized draft text of the Elements of Crimes that adopted in session of the members of the assmbly of states parties of ICC in Sep 2002. In this study, the important point is the correct understanding of the criminal conducts and mental element and criminal liability of perpetrator . The ingredients of mental element is a complicated problem, in particular distinction between the intent to destroy group and the motives of perpetration, that has been tried to solve.