fwiw, the person I think prompted this is missing the entire point. in genocide cases, the "intent to destroy" doesn't apply only to people but also to culture. and mens rea can be proven by establishing patterns of deliberate or systematic targeting based on membership in a group, words aside.

That too

...like, IHL recognizes that genocidaires (or anyone committing mass atrocities & war crimes) might not openly admit to their intent (though, a surprising number do anyway, because hubris), and thus allows that mens rea be proved through circumstantial evidence.