Genocide: - DIIS

genocide”.
The International Criminal Tribunal for the Former Yugoslavia
On 2 August 2001, the Trial Chamber handed down its landmark judgement,
making General Krstic the fi rst person to be convicted of genocide
before the ICTY. At the same time it was the fi rst offi cial statement asserting
that genocide had been committed in the Bosnian war. In addition it was
Europe’s fi rst conviction for acts of genocide since the Nuremberg Trials
judged some of the Nazi leaders for their responsibility for the Holocaust
and other crimes. Krstic was condemned for a very specifi c role, namely
that of “assisting with the provision of men to be deployed to participate
in executions.” The Trial Chamber remarked that “[h]e remained largely
passive in the face of the knowledge of what was going on”, but added
that “he is guilty, but his guilt is palpably less than others who devised
and supervised the executions all through that week and who remain at
large.” 196
Currently the Krstic case is under appeal, both by the Defence and the
Prosecution. Krstic rejects in particular the genocide conviction and argues
that the Trial Chamber misinterpreted both his personal role in the
events and the law on genocide. The Defense Appeal Brief suggests that
many other instances, such as the American operation at Tora Bora in
Afghanistan during Operation Enduring Freedom during the winter of
2002, would have to be called genocide if events at Srebrenica are so described.
197 Instead, the Defence asserts, a strict interpretation of the norm
was warranted and cites in support authorities such as William Schabas,
Helen Fein and Colin Tatz. 198 In the Krstic case, it is contended, the Trial
Chamber misapplied the “in part“ formula by describing the men of military
age in Srebrenica as forming a substantial part of the Muslim population
of Bosnia. In particular the idea of “local genocide” is opposed. 199 The
Prosecution rejects the Defence argument that the Trial Chamber focused
Rule 61 (supra note 9), para. 94.
196 Para. 724 of the Krstic judgement (referring to Radovan Karadzic and Radko Mladic).
197 Prosecutor v. Krstic, Defence Appeal Brief, 10 January 2002, paras. 8-9.
198 Ibid., para. 14.
199 Ibid., paras. 38-42.
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