Commentary on the judgment of the ICTY Appeals Chamber in the case of Prosecutor v. Radislav Krstic

Alexander Zahar

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The author critically reviews the major issues dealt with on appeal in this important case, arguing that the law of genocide was mistated not only at the trial level but also on appeal. The international criminal tribunals (both for Rwanda and Yugoslavia) have failed to articulate a coherent jurisprudence on the law of genocide. The argument presented in this essay is taken to a more general level in the author's contribution to Paola Gaeta's recent edition of essays: The UN Genocide Convention: A Commentary (Oxford Commentaries on International Law).
Original languageEnglish
Title of host publicationAnnotated leading cases of international criminal tribunals, Vol. 19
Subtitle of host publicationInternational Criminal Tribunal for the Former Yugoslavia, 2004
EditorsAndré Klip, Göran Sluiter
Place of PublicationAntwerp
PublisherIntersentia
Pages629-638
Number of pages10
ISBN (Print)9789050959490
Publication statusPublished - 2010
Externally publishedYes

Keywords

  • genocide
  • complicity in genocide
  • aiding and abetting genocide
  • Radislav Krstic
  • ICTY
  • ICTR
  • meaning of in whole or in part
  • meaning of group
  • joint criminal enterprise
  • Genocide Convention

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