Assessing The ICTY Jurisprudence in Defining The Elements of The Crime of Genocide: The Need for A ‘Plan’
Assessing The ICTY Jurisprudence in Defining The Elements of The Crime of Genocide: The Need for A ‘Plan’

Summary/Abstract: Dr. Radovan Karadzic, the Bosnian Serb leader that the world considers responsible for the massacre of Srebrenica, is on trial before the ICTY facing charges of genocide. The so-called ‘crime of crimes’, nevertheless, consists of unclearly defined elements; in particular, this article deals with the questions of whether a plan organized at the central state level should be included in the definition of the crime. ICTY’s case-law is self-contradictory in this respect and directly contravenes the jurisprudence of ICJ and ICC. Such approach could trivialize the crime of genocide and make it applicable to cases that clearly do not provoke the highest level of moral disapproval. Based on these premises, the Article concludes with an application of its conclusions to the Armenian case, although it highlights that the ongoing discussion is merely political, rather than legal.

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