Meanwhile we have the infinitely greater fact that the aggressor is most likely guilty on all 5 counts of the definition you do cite (point 4 may be somewhat debatable, but its culpability on the other counts is beyond dispute by this point):

  Article II

  In the present Convention, 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:

   1. Killing members of the group;

   2. Causing serious bodily or mental harm to members of the group;

   3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

   4. Imposing measures intended to prevent births within the group;

   5. Forcibly transferring children of the group to another group