“Mr. Karadzic you are charged with one count of genocide UNDER ARTICLE 4 OF THE STATUTE OF THE INTERNATIONAL TRIBUNAL; with one count of complicity in genocide UNDER ARTICLE 4 OF THE STATUTE; with five counts of crimes against humanity UNDER ARTICLE 5 OF THE STATUTE and with four counts of war crimes UNDER ARTICLES…
The “patriarchal society” genocide argument
In the Krstić judgment (par. 90 – 94) the Hague Tribunal launched its “patriarchal society” argument in order to explain the embarrassing anomaly that Serbian forces transported an estimated 20,000 residents of the Srebrenica enclave, mostly women, children, and elderly, to Sarajevo-controlled territory instead of executing them, as the court’s “genocidal intent” hypothesis would have required…
Katherine Southwick: Critique of the genocide conviction in the Krstić judgment
In August 2001, a trial chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) handed down the tribunal’s first genocide conviction. In this landmark case, Prosecutor v. Radislav Krstić, the trial chamber determined that the 1995 Srebrenica massacres—in which Bosnian Serb forces executed 7,000 to 8,000 Bosnian Muslim men—constituted genocide. In this Note…
Dr. Alexander Mezyaev: Legal theses on the «genocide» aspect of the ICTY trial chamber’s judgment in General Krstić’s case (2001)
First of all, attention should be drawn to the fact that the count of genocide was formulated as an alternative – «genocide OR in the alternative [with] complicity in genocide». Such an alternative is not acceptable because it shows that the Prosecution is not sure with what to charge the accused. It may be genocide…
No evidence supporting genocide finding in ICTY Srebrenica verdicts (2011)
Our research associate Andy Wilcoxson has decided to try an original new approach in his analysis of the validity of the genocide finding in ICTY Srebrenica verdicts. The piece that follows is the result of his efforts. “I wrote it, “he said, “because I think it is a way of looking at the topic from…
Smail Čekić: How many genocides can you survive and still live to tell the tale?
Smail Čekić is director of the Institute for the investigation of crimes against humanity and international law in Sarajevo. Čekić is a high-profile advocate of the genocide narrative, coordinates closely with the Bosnian Muslim political leadership, and his Institute is part of Sarajevo University. Since the end of the war in Bosnia and Herzegovina the…
George Monbiot and the Guardian on “Genocide Denial” and “Revisionism”
By David Peterson and Edward S. Herman On Tuesday, June 14, the Guardian of London published “Left and Libertarian Right Cohabit in the Weird World of the Genocide Belittlers.”1 In this nearly 1,100-word commentary, the British writer George Monbiot attacked the two of us (among others) as “genocide deniers” and “revisionists” for our writings on…
International Court of Justice appellate verdict on genocide (Croatia v. Serbia, 2015)
The International Court of Justice (ICJ) appellate judgment in the matter of Croatia vs. Serbia, concerning mutual allegations of genocide supposedly committed during the Balkan conflict in the 1990s, is relevant to the issue of genocide as it is posited in the context of Srebrenica. See related text here: http://us.srebrenica-project.org/2018/01/14/international-criminal-justice-and-genocide/ ICJ’s analysis of the sort of evidence…
Prof. Kjell Magnusson on ICTY genocide judgments
Scholarly article by Uppsala University academic, Prof. Kjell Magnusson, critically examining the concept of genocide as developed in ICTY jurisprudence. Prof. Kjell Magnusson on ICTY genocide judgments
International criminal justice and genocide
Within several weeks of each other in early 2015 two important judgments came down from the Hague. One was handed down by the International Court of Justice [ICJ] in relation to Croatia’s suit against Serbia for genocide arising from certain events during the 1990s secession conflict in the former Yugoslavia, and Serbia’s counter-suit arising from…