Defining Dolus Specialis:

Dolus specialis is a distinct type of criminal intent, requiring a specific purpose or outcome beyond the general intent to commit an act. It's crucial in international criminal law, helping to differentiate between ordinary criminal intent (dolus generalis) and the particular intent needed for heinous crimes like genocide, crimes against humanity, and war crimes.

When we talk about criminal intent, we're asking what someone was thinking when they committed a crime. Dolus specialis is a specific kind of criminal intent. It means that the person not only wanted to commit an illegal act, but they also had a clear goal or purpose in mind. It's more than just the general desire to do something wrong. For instance, in regular crimes, you might only need to show someone intended to steal something. That's the general intent (dolus generalis).

However, in international criminal law, proving specific intent (dolus specialis) is very important for the worst kinds of offences. For crimes like genocide, crimes against humanity, and war crimes, prosecutors must be able to prove the person aimed to commit the act with the specific purpose of destroying a group of people, for instance, or to conduct widespread attacks on civilians. This higher level of intent is necessary to distinguish these horrific acts from other, less severe, crimes.

• The Subjective Element of Dolus Specialis:

  • The core of dolus specialis is the perpetrator's specific subjective state of mind.
  • For example, genocide necessitates the specific intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
  • Without this specific intent, an act, even if criminal, cannot be classified as genocide.
     

• Dolus Specialis and the Crime of Genocide:

  • Genocide is a key example of a crime requiring dolus specialis.
  • The Genocide Convention and international tribunals like the ICTR (International Criminal Tribunal for Rwanda) and ICTY (International Criminal Tribunal for the former Yugoslavia) have repeatedly emphasized this specific intent.
  • The ICTR's Akayesu case demonstrated that the intent to annihilate a group is what distinguishes genocide from other crimes such as murder.
     

• Dolus Specialis in Crimes Against Humanity:

  • While not always required, dolus specialis is essential for certain crimes against humanity, such as persecution, which requires discriminatory intent.
  • The ICTY's Krstić case concerning the Srebrenica massacre showed that specific intent to persecute and exterminate was crucial in classifying the events as crimes against humanity.
     

• Dolus Specialis in War Crimes:

  • The need for dolus specialis in war crimes depends on the specific offence.
  • Deliberate targeting of civilians necessitates this specific intent.
  • The Nuremberg Trials established precedents for prosecuting war crimes, highlighting the specific intent behind actions like the Holocaust, which sought to eradicate certain groups.
     

• Distinguishing Dolus Specialis from Dolus Generalis:

  • Dolus specialis should not be confused with dolus generalis, which only requires a general criminal intent.
  • The ICTY's Tadić case clarified that while dolus generalis can be sufficient for certain war crimes, dolus specialis is essential for grave crimes like genocide because of their unique and severe nature.
     

• The Akayesu Case: A Landmark Example:

  • The Akayesu case (ICTR-96-4) is vital for understanding dolus specialis.
  • Jean-Paul Akayesu, a former mayor, was convicted of genocide for his role in the Rwandan genocide.
  • The court established that his actions stemmed from a specific intent to destroy the Tutsi population.
     

• The Krstić Case: Another Key Example:

  • Similarly, in the Krstić case (IT-98-33), the ICTY found General Radislav Krstić guilty of genocide for the Srebrenica massacre.
  • The judgment underscored the specific intent to destroy the Bosniak population in Srebrenica, which is essential for proving genocide.
     

• The Importance of Evidence:

  • Proving dolus specialis requires solid evidence of the perpetrator's specific intent.
  • This can include direct evidence such as statements or orders, as well as circumstantial evidence derived from patterns of behaviour.
  • Both the ICTR and ICTY have consistently stressed the need to establish a link between an accused person's actions and their specific intent to commit the crime.

Conclusion: The Significance of Dolus Specialis:
Dolus specialis is a critical concept in international criminal law. It ensures that only those with a specific, malicious intent are held accountable for the most severe crimes. Landmark cases, like Akayesu and Krstić, have defined the scope of dolus specialis, clarifying and reinforcing its importance in prosecuting international crimes.