Genocide requires intent.

Is that actually, legally, true?

In other words, does the word identify the cause, or the effect?

Can he really be tried for genocide? It’s hard to say, but I’d say not.

How so? The facts seem self-evident.

It’s all moot anyway. If you have no means or intention to enforce a law, does it really exist?

You can still classify someone though in such a way, in hopes that in some future time you can enforce the law on them, having being previously judged as a criminal.