There is no pre-condition as such that it has to be ruled at the ICJ for it to be labeled genocide.
But one of the necessary pre-conditions for the identification of genocide is intent.
While human rights organizations or special committees can label something as a genocide, intent has to be proven.
Otherwise it is an allegation.
The only place where you'd prove intent is in a court.
In your case, despite the UN special committee report, you dont even have consensus amongst nations that it is genocide.
Yep and here’s the explanation (of why geno, bomboclaat and others are full of shit):
The intent required for genocide is specific intent (also referred to as dolus specialis), and recklessness or gross negligence is not sufficient. Here’s why:
1. Definition of Genocide under International Law
Genocide is defined under Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). It involves specific acts (e.g., killing, causing harm, or forcibly transferring children) committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
2. Specific Intent (Dolus Specialis)
Specific intent for genocide requires:
• A clear purpose or desire to destroy a protected group, in whole or in part.
• This intent must go beyond merely committing the underlying acts (e.g., killing or harming individuals); it must focus on the destruction of the group itself.
This high threshold distinguishes genocide from other crimes, such as crimes against humanity or war crimes, which may not require this special intent.
3. Recklessness or Gross Negligence is Insufficient
• Recklessness (acting with conscious disregard of a substantial risk) or gross negligence (extreme carelessness) may result in severe harm but do not indicate the specific desire to destroy a group that genocide requires.
• For example, a military commander acting recklessly during a conflict may commit war crimes, but unless there is proof of intent to target and destroy a specific group, the actions would not meet the threshold for genocide.
4. Proof of Intent
• Specific intent is usually inferred from evidence, such as:
• Policies, orders, or statements that show the intent to target a group.
• Systematic patterns of conduct aimed at the destruction of the group.
5. Legal Consequences
Because of the high standard of specific intent, proving genocide is often more challenging than proving other international crimes. If the required intent cannot be established, the conduct may instead fall under crimes against humanity or war crimes.