Prosecutor v. Krstic case brief

Prosecutor v. Krstic

Intl. Crim. Tribunal for the former Yugoslavia

FACTS

1995 Massacre by Bosnian Serb forces of up to 10k Muslim men in the town of Srebrenica.  D was a general in the VRS which carried out the massacres.  D was charged with genocide for his role in the killings and tried before the International Criminal Tribunal for the former Yugoslavia.  

ISSUE

1. Did the killing of Bosnian Muslim men satisfy the requirement of the Genocide Convention that the offender act with “intent to destroy, in whole or in part, a national, ethnic, racial or religious group?

2.  Did D act with the requisite intent?

HOLDING

1.  Yes.

2.  No,  he was aware at most that executions were taking place.  D’s knowledge of executions is insufficient to support an inference that he shared the intent to commit genocide.

Genocide is one of the worst crimes known to humankind, must be specific intent.  

He is more of an aider and abettor to genocide and not a perpetrator.  May only be held responsible of a specific intent offense if he assists the commission of the crime knowing the intent behind the crime.

RULES

-Where an conviction for genocide relies on the intent to destroy a protected group “in part,” the part must be a substantial part of that group.

-The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups.  The part targeted must be significant enough to have an impact on the group as a whole.

-Determination of whether group is substantial enough:  numeric size, in relation to overall size of entire group, prominence within the group, if a specific part of the group is emblematic of the entire group or essential to its survival.  

ANALYSIS

-Complaint alleges that targeted group was “Bosnian Muslims.”

-Most of the Muslim inhabitants sought refuge within the enclave, the elimination of it would have accomplished the goal of purifying the entire region of its Muslim population.

-The fate of Bosnian Muslims of Srebrenica would be emblematic of that of all Bosnian Muslims.

-Physical destruction of men (1/5th of overall community) had severe procreative implications for the community, potentially causing extinction.