Mose stated that the commission must determine the intent of the perpetrators and identify the “need” to physically or biologically exterminate a certain group to meet the legal qualifications under the Genocide Convention.[25] Mose stated that the commission has found evidence for a large number of war crimes, specifically evidence of torture and strikes on Ukrainian energy infrastructure that the commission could consider as crimes against humanity.[26]

Mose also stated that the commission previously determined that certain statements in Russian mass media could be considered as incitement to commit genocide.[27] Mose noted that the commission’s investigation into genocide in Ukraine will continue.[28] Article II of the 1948 Convention of the Prevention and Punishment of the Crime of Genocide (the Genocide Convention) states that “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: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measure intended to prevent births within the group; forcibly transferring children of the group to another group.”[29] Article III states that “the following acts shall be punishable: genocide; conspiracy to commit genocide; direct and public incitement to commit genocide; attempt to commit genocide; complicity in genocide.”