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 language | English |
|---|---|
| Title of host publication | Annotated leading cases of international criminal tribunals, Vol. 19 |
| Subtitle of host publication | International Criminal Tribunal for the Former Yugoslavia, 2004 |
| Editors | André Klip, Göran Sluiter |
| Place of Publication | Antwerp |
| Publisher | Intersentia |
| Pages | 629-638 |
| Number of pages | 10 |
| ISBN (Print) | 9789050959490 |
| Publication status | Published - 2010 |
| Externally published | Yes |
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