The “holistic” approach aggregates these outcomes across an entire conflict and treats the cumulative picture as proof of genocidal intent: in effect, it presumes genocide from the destructive consequences of war. Genocidal intent (dolus specialis) is a state of mind of identifiable persons, to be proved under the Court’s established case law. The “holistic” approach departs fundamentally from the text of the Genocide Convention, from treaty law and from the Court’s own case law, and thinc. urges sovereign States to oppose it. thinc. takes no position on the facts of the case: our concern is to protect the integrity of legal standards.
