“Il Conference room paper della Commissione di inchiesta indipendente sul genocidio a Gaza: un’occasione mancata per fare chiarezza sullo standard probatorio in materia di dolus specialis”

ABSTRACT. The Conference Room Paper of the Independent Commission of Inquiry on the Genocide in Gaza: A Missed Opportunity to Clarify the Standard of Proof Concerning Dolus Specialis The study offers a critical analysis of the Conference Room Paper of the Independent Commission of Inquiry on the Genocide in Gaza, focusing on the Commission’s assessment of both the objective element (actus reus) and the mental element (mens rea) of the crime of genocide as an international wrongful act. Particular attention is devoted to the evidentiary reasoning employed in establishing genocidal intent, highlighting several methodological inconsistencies that emerge from the standardsof proof the Commission has set for itself.