Matthew
pre 15 godina
Duh,
I did not intend to give the impression that the ICTY ruled on whether genocide by Serbs were committed or not during Oric’s trial, I apologize, I see how that could be very confusing to someone not familiar with the charges in the case. I did a very poor job in distinguishing between the two.
Here’s a link to the actual original summary judgment. I haven’t read the appeal yet, so I’m sure there’s more interesting stuff in that one.
http://www.un.org/icty/pressreal/2006/p1094e-summary.htm
I don’t deny some pretty horrible things happened at Srebrenica, they did, and I am deeply ashamed of that. However, I just don’t feel like morally it rose to the level of what we commonly define as genocide. Generally people think of what Hitler did as genocide, and I don’t think that was what the situation was. I think it was merely petty brutal revenge by local units whose homes were destroyed, not some sort of desire to wipe the entire Bosniak population off the face of the Earth.
However, in regards to the issue you raised, I was using the term genocide in the commonly understood definition, not the legal one.
The issue I have with the ICJ judgment on genocide is they avoided dealing with the issue of intent, a number of the judges dissented on that as well.
Now, I don’t think the ITCY is going to be able to easily avoid bringing up the issue of intent. I haven’t read the indictment, but if intent is listed as one of the components of the genocide claims against him, it might be relevant. The mental state of the people committing the crimes will also be relevant in determining if Mladic had effective control over the troops at that particular moment.
13 Komentari
Sortiraj po: