The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine GenocideEmory International Law Review
- International Criminal Tribunal for the former Yugoslavia (ICTY),
AbstractThis 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.
Citation InformationMilena Sterio. "The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide" Emory International Law Review Vol. 31 Iss. 2 (2017) p. 271 - 298
Available at: http://works.bepress.com/milena_sterio/48/