Yes
No, the distinction is on intent, as I've said multiple times. He didn't want to destroy a very specific type of Quincy; he wanted to regain his power. Since the specific group of Quincy was less useful to him, due to the whole power dilution thing (which is showcased in Blut), it shows that it was not due to 'hate.' This is further emphasized when he used Auswählen on all of Quincy. It implies he never did it because of racial superiority but due to a utilitarian approach, which in this case would not be classified as a hate crime.
And since his goal was not "destroying that nation or group" but gaining power through Quincy, which he deemed as less useful, and it has nothing to do with ethics, then it would not be genocide.