About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


7 Indon. J. Int'l & Comp. L. 75 (2020)
The Last ICTY Trial: An Analysis of the Ratko Mladic Trial and the Struggle to Reach a Guilty Verdict for Perpetrators of Genocide

handle is hein.journals/indjicl7 and id is 87 raw text is: THE LAST ICTY TRIAL AN ANALYSIS OF THE RATKO MLADIC TRIAL AND THE STRUGGLE TO REACH A GUILTY VERDICT FOR PERPETRATORS OF GENOCIDE Brady Flanery SMUDedman School of Law in Dallas, Texas E-mail: bflanery@mail.smu.edu The international legal community's definition of genocide is stringent and in- hibits convictions of genocide. The definition of genocide established by the 1948 Geneva Conventions has three signficant elements for conviction: intent to de- stroy, proportion of victims killed, and protected groups of people. In this article, the author argues that this definition is too restrictive in its application. Some of the specifc crimes of the Bosnian Genocide in the 1990s do not qualify as geno- cide according to the Geneva Convention. This definition has three significant restrictions: 1) the perpetrators must have the intent to destroy a group of people or have the knowledge that their actions could destroy a group; 2) the number of people killed must be a substantial number compared to the amount available of a qualfying group; 3) the definition does not consider a political group as a pro- tected group. This article analyses the genocide conviction of Ratko Mladi, the primary perpetrator of the 1995 Bosnian Genocide, by the International Crim- inal Tribunal for the former Yugoslavia (ICTY). This article examines Mladis ICTY trial and how the Court interpreted each element. In the end, it concludes, despite the correct ultimate decision by the ICTY, that the international legal community's definition ofgenocide is flawed and prevents some genocide victims from receiving justice. Keywords: International Criminal Law, International Justice, Genocide, War Crimes, Human Rights. The Indonesian Journal of International & Comparative Law ISSN: 2338-7602; E-ISSN: 2338-770X http://wwwijil org © 2020 The Institute for Migrant Rights Press