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Genocide is the intentional destruction of a people in whole or in part.
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.
The Bosnian genocide refers to either the Srebrenica massacre or the wider crimes against humanity and ethnic cleansing campaign throughout areas controlled by the Army of Republika Srpska (VRS) during the Bosnian War of 1992–1995. The events in Srebrenica in 1995 included the killing of more than 8,000 Bosniak men and boys, as well as the mass expulsion of another 25,000–30,000 Bosniak civilians by VRS units under the command of General Ratko Mladić.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
Serge Brammertz is a Belgian prosecutor, academic and jurist. He serves as the chief prosecutor for the International Residual Mechanism for Criminal Tribunals (IRMCT) since 2016. He also served as the chief prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) from 2008 until its closure in 2017.
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose. It arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991–1999.
Rape during the Bosnian War was a policy of mass systemic violence targeted against women. While men from all ethnic groups committed rape, the vast majority of rapes were perpetrated by Bosnian Serb forces of the Army of the Republika Srpska (VRS) and Serb paramilitary units, who used rape as an instrument of terror and key tactics as part of their programme of ethnic cleansing. Estimates of the number of women raped during the war range between 10,000 and 50,000. Accurate numbers are difficult to establish and it is believed that the number of unreported cases is much higher than reported ones.
O-Gon Kwon is a South Korean jurist, best known for being one of the three judges in the trial of Slobodan Milošević. He also sat on the bench for the trial of former Bosnian Serb leader Radovan Karadžić.
United Nations Security Council resolution 1329, adopted unanimously on 30 November 2000, after recalling resolutions 827 (1993) and 955 (1994), the Council enlarged the appeals chambers at both the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY), proposed the election of two additional judges at the ICTR and established a pool of ad litem judges at the ICTY.
United Nations Security Council resolution 1503, adopted unanimously on 28 August 2003, after recalling resolutions 827 (1993), 955 (1994), 978 (1995), 1165 (1998), 1166 (1998), 1329 (2000), 1411 (2002), 1431 (2002) and 1481 (2003), the Council decided to split the prosecutorial duties of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) which had previously been under the responsibility of one official, Carla Del Ponte, since 1999.
United Nations Security Council resolution 1534, adopted unanimously on 26 March 2004, after recalling resolutions 827 (1993), 955 (1994), 978 (1995), 1165 (1998), 1166 (1998), 1329 (2000), 1411 (2002), 1431 (2002) and 1481 (2003), the Council called on the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to complete all trial activities by the end of 2008.
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and accusation in a mirror.
Gregory S. Gordon is an American scholar of international law and a former genocide prosecutor during the Media Case at the International Criminal Tribunal for Rwanda. Gordon is known for his advocacy of the criminalization under international law of a broader category of speech likely to cause mass atrocities, and his book Atrocity Speech Law in which he advances this argument.
Genocidal intent is the mens rea for the crime of genocide. "Intent to destroy" is one of the elements of the crime of genocide according to the 1948 Genocide Convention. There is an unresolved "intend debate" over whether dolus directus needs to be proven to convict for genocide, or whether a knowledge-based standard should be enough to convict for genocide.
Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "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's conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."
Jennifer Trahan is an American legal scholar and academic. She is a Clinical Professor at New York University's Center for Global Affairs and directs their Concentration in International Law and Human Rights.
Kevin Jon Heller is a scholar of international law who is a Professor of International Law & Security at the University of Copenhagen's Centre for Military Studies. He has also taught at the University of Amsterdam, SOAS, University of London, and Melbourne Law School.
References
- ↑ Jørgensen, Nina HB (2011). "Complicity in Genocide and the Duality of Responsibility". In Swart, Bert; Zahar, Alexander; Sluiter, Göran (eds.). The Legacy of the International Criminal Tribunal for the Former Yugoslavia. Oxford University Press. ISBN 978-0-19-957341-7.
- ↑ van der Wilt, Harmen G. (2006). "Genocide, Complicity in Genocide and International v. Domestic Jurisdiction". Journal of International Criminal Justice. 4 (2): 239–257. doi:10.1093/jicj/mql014.
- ↑ Greenfield, Daniel (2008). "The Crime of Complicity in Genocide: How the International Criminal Tribunals for Rwanda and Yugoslavia Got It Wrong, and Why It Matters". Journal of Criminal Law and Criminology. 98 (3): 921.
- ↑ van Sliedregt, Elies (2009). "Complicity to Commit Genocide". In Gaeta, Paola (ed.). The UN Genocide Convention: A Commentary. Oxford University Press. ISBN 978-0-19-957021-8.
- ↑ Dawson, Grant; Boynton, Rachel (2008). "Reconciling Complicity in Genocide and Aiding and Abetting Genocide in the Jurisprudence of the United Nations Ad Hoc Tribunals". Harvard Human Rights Journal. 21: 241.
- ↑ Eboe-Osuji, C. (2005). "'Complicity in Genocide' versus 'Aiding and Abetting Genocide': Construing the Difference in the ICTR and ICTY Statutes". Journal of International Criminal Justice. 3 (1): 56–81. doi:10.1093/jicj/3.1.56.
- ↑ Boas, Gideon; Bischoff, James L.; Reid, Natalie L.; Taylor, B. Don (2008). "Complicity and aiding and abetting". International Criminal Law Practitioner Library: International Criminal Procedure. Cambridge University Press. ISBN 978-0-521-11630-5.
- ↑ May, Larry (2010). "Complicity and the Rwandan Genocide". Res Publica. 16 (2): 135–152. doi:10.1007/s11158-010-9112-4. ISSN 1572-8692. S2CID 144322521.
