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Prosecutor v. Krstić

IT-98-33-A, Appeals Judgement (Apr. 19, 2004)

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Prosecutor v. Krstić

Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia

IT-98-33-A, Appeals Judgement (Apr. 19, 2004)

Facts

Article 1 of the 1948 Genocide Convention defined genocide as a war crime, established criminal liability, and required states to prosecute crimes of genocide. The wars in Yugoslavia in the 1990s saw the Bosnian Serb Army (the VRS) commit atrocities against Bosnian Muslims, a minority group living within Bosnia. In 1995, the VRS massacred 7,000-10,000 Bosnian Muslim men in the town of Srebrenica. Radislav Krstić (defendant) was a general of the VRS at the time of the Srebrenica massacre and was subsequently charged with genocide. The Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia determined that the Bosnian Muslims killed at Srebrenica were a specific, distinct national group. The trial chamber also determined that the massacre at Srebrenica accomplished the Bosnian Serbian leadership’s goal of eliminating all Bosnian Muslims, as a majority of the Bosnian Muslims in the region had fled to the enclave at Srebrenica. Additionally, the trial chamber also determined that Krstić possessed knowledge of the attacks against Bosnian Muslims. When the trial chamber held Krstić committed genocide as a result of the massacre at Srebrenica, Krstić appealed the decision of the trial chamber.

Rule of Law

Issue

Holding and Reasoning

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