The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide

Milena Sterio

The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide

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Abstract

<p> This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karad&zcaron;i&cacute; case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition in light of modern-day conflicts and warfare.</p>

Original language	American English
Journal	Emory International Law Review
Volume	31
State	Published - Jan 1 2017

Keywords

International Criminal Tribunal for the former Yugoslavia (ICTY)
Karadžić
Bosnia
Muslims
genocide

Disciplines

European Law
Human Rights Law
International Humanitarian Law
International Law
Law
Military, War, and Peace

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The Karad i Genocide Conviction Inferences Intent and the NecFinal published version, 383 KBLicense: CC BY

Cite this

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N2 - This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karad&zcaron;i&cacute; case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition in light of modern-day conflicts and warfare.

AB - This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karad&zcaron;i&cacute; case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition in light of modern-day conflicts and warfare.

KW - International Criminal Tribunal for the former Yugoslavia (ICTY)

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KW - Bosnia

KW - Muslims

KW - genocide

UR - https://engagedscholarship.csuohio.edu/fac_articles/887

M3 - Article

VL - 31

JO - Emory International Law Review

JF - Emory International Law Review

ER -

The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide

Abstract

Keywords

Disciplines

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