THE CRIMINAL OFFENSE OF THE GENOCIDE IN THE LIGHT OF THE JURISPRUDENCE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Dedović Marija S. (Marija S. Dedović, master pravnih nauka (međunarodni modul)), marijadedovic.pf@gmail.com

ABSTRACT The International Criminal Tribunal for the former Yugoslavia (ICTY), since its inception, has been the subject of some controversy, from the manner of its establishment, through the rules which regulate its procedure, to the case law it has spawned.32 From the complaints that it is “illegal and illegitimate”, through those related to the creation of new institutes unknown to the Convention, to the existing impression that the selective justice has been carried out, this Tribunal has walked a thorny path. However, one cannot say that it has reached its destination on that path. The primary task, the reason for its establishment – the prosecution of the responsible persons [...] – has only been partially achieved, as there is undisputed one-sidedness in the prosecution and conviction for the crimes committed during the civil war in Bosnia and Herzegovina, which represents one of the key objections to the Tribunal. Although it was established as an ad hoc court, and designed as a temporary institution, its mission continues despite the “completion strategy” and the plans for ceasing all the activities by the end of the year 2010.33 One can say that the hypothetical creator of the genocide in Srebrenica, although legally imperfect, represents our inevitable reality and its legal heritage creates real consequences in terms of both making uneven history and relativization of truth in our region.

Keywords: ICTY, genocide, the jurisprudence of the ICTY, selective justice