I didn't claim that this quote was presented as fact. I was merely contesting the claim that it was the playerbase and not the writers who brought up the term "genocide" as part of some tinfoil hat scheme to guilt trip the writers into making Sylvanas the bad guy.
You might as well read everything before making dumb claims.
I'm pretty sure "legal definitions" don't apply to a world where these laws don't exist. Therefor it is logical to assume that they're referring to the broader (literal) definition of genocide ("race killing") which is not really debatable. Even if you want to appeal to the international law of our world, it's still a pretty asinine claim. But we can go down that road as well.
This is quoted from the "Case Law of the International Criminal Tribunal for the Former Yugoslavia" https://www.hrw.org/reports/2004/ij/...m#_Toc62882707Article II
In the present Convention, genocide means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as
such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
In regards to the mental element of the crime (this is from "Report of the Preparatory Commission for the International Criminal Court Addendum Part II Finalized draft text of the Elements of Crimes") https://documents-dds-ny.un.org/doc/...df?OpenElement:c) Mental state (mens rea): intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such
i) generally
“The specific intent requires that the perpetrator, by one of the prohibited acts enumerated in Article 4 of the Statute, seeks to achieve the destruction, in whole or in part, of a national, ethnical, racial or religious group, as such.”
“The Statute itself defines the intent required: the intent to accomplish certain specified types of destruction. This intent has been referred to as, for example, special intent, specific intent, dolus specialis, particular intent and genocidal intent.”
ii) intent to destroy, in whole or in part
(1) requires an intentional attack against a group, and the intention to participate in or carry out the attack
“[T]he Trial Chamber will have to verify that there was both an intentional attack against a group and an intention upon the part of the accused to participate in or carry out this attack.”
(2) even if destruction was not original goal, it may become the goal
“It is conceivable that, although the intention at the outset of an operation was not the destruction of a group, it may become the goal at some later point during the implementation of the operation.”
(3) destruction “in part”
“[A]ny act committed with the intent to destroy a part of a group, as such, constitutes an act of genocide within the meaning of the [Genocide] Convention.”
(5) distinguish intent from motive
The Appeals Chamber noted the “irrelevance” of motives in criminal law and highlighted “the necessity to distinguish specific intent from motive. The personal motive of the perpetrator of the crime of genocide may be, for example, to obtain personal economic benefits, or political advantage or some form of power. The existence of a personal motive does not preclude the perpetrator from also having the specific intent to commit genocide.”
(6) intent may be inferred
“As to proof of specific intent, it may, in the absence of direct explicit evidence, be inferred from a number of facts and circumstances, such as the general context, the perpetration of other culpable acts systematically directed against the same group, the scale of atrocities committed, the systematic targeting of victims on account of their membership of a particular group, or the repetition of destructive and discriminatory acts.”
I don't really understand what's so hard about this. I get that we didn't have the literal smoothbrain explanation of Sylvanas saying "Look, I'm going to commit genocide now!" and that seems to be a problem for some people here for some reason but her intent to destroy Teldrassil and with it the nation of Darnassus and its people in order to destroy hope (in the form of future generations) is beyond any doubt. We're also talking about a character who stated that she wants to kill every living being.Where no reference is made in the Elements of Crimes to a mental element for any particular conduct, consequence or circumstance listed, it is understood that the relevant mental element, i.e., intent, knowledge or both [...] applies.
Indeed. Almost makes you think these people have some ulterior motives...