Document Type
Article
Publication Date
2017
Publication Title
Emory International Law Review
Keywords
International Criminal Tribunal for the former Yugoslavia (ICTY), Karadžić, Bosnia, Muslims, genocide
Abstract
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 Karadžić 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.
Repository Citation
Sterio, Milena, "The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide" (2017). Law Faculty Articles and Essays. 887.
https://engagedscholarship.csuohio.edu/fac_articles/887
Volume
31
Issue
2
Included in
European Law Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Military, War, and Peace Commons
