Izvorni znanstveni članak
The Crime of Genocide in the Case Law of International Criminal Ad hoc Tribunals
Sandra Fabijanić Gagro
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Marissabell Škorić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
The extent of destruction in World War II and the totally incomprehensible intent to kill people only because they belong to a certain group have led the international community to adopt the Convention on Genocide, which defined such acts as a special crime. Genocide is crime against humanity as a whole and the embodiment of the terrifying idea of setting aside and destroying a whole group of people whose consequences are felt not only by such a group, but by humanity as a whole. This crime is especially serious because of its special destructive intent. In this respect, a person convicted for genocide is guiltier in terms of intent, although acts constituting genocide do not differ from acts constituting crimes against humanity or crimes against laws and customs of war.
More than half a century has passed since the adoption of the Convention on Genocide. During that period, there has been a significant progress of science and technology. The progress, however, has often been harmful, so that the turn of the 21st century will be remembered for terrifying atrocities and thousands of victims of genocide. Unfortunately, mass killings have continued into the new millennium. In spite of the existence of valid judgments for the crime of genocide, the existing case law shows how difficult it is to prove criminal intent and there is no consensus regarding the number of victims necessary to prove genocide. Regardless of difficulties involved in proving the crime of genocide, the court should try to name the crime in the appropriate way.
Finally, the question that imposes itself is whether the definition of the crime of genocide should be extended to other groups in addition to those listed in the Convention and thus harmonize legislation with the needs of the present time, (as it has been done in other legal systems already). The existing definition has developed in response to events of the World War II. Subsequent events show greater emphasis on fundamental human rights and freedoms on the one hand, and the growing number of victims among those who do not belong to the majority social group on the other. As an argument supporting the proposal to extend the definition of „group“, we can point out that the idea of destroying those who have been selected as victims only and exclusively because they belong to a certain group is at the core of any genocide (confirmed by Raphael Lemkin), which implies a „greater“ right to life of one group with respect to another. Starting from this premise, it should be of no importance on which basis the concept is founded so that we can define acts of those who want to destroy a community because of some specific feature as the most serious crime deserving all condemnation regardless of whether the offender's motives are ethnic, racial, religious, political, sexual or other.
Ključne riječi
genocide; international criminal ad-hoc tribunals; genocidal intent; ethnic cleansing
Hrčak ID:
30723
URI
Datum izdavanja:
15.12.2008.
Posjeta: 4.082 *